
class JiVm_ 

Book_-Llli_ 



Digitized by the Internet Archive 
in 2011 with funding from 
The Library of Congress 



http://www.archive.org/details/messageofpreside06unit 



41st Congress, \ SENATE. I Ex. Doa 

2d Session. j i No. 7. 



MESSAGE . , 

OF THE 

PRESIDENT OE THE UNITED STATES, 

COMM UN1C ATING, 

In compliance ivith a resolution of the Senate of tJie Slh inslant } information 
in regard to the progress of the revolution in Cuba, and the political arid 
civil condition of the island. 



December 20, 1869; — Bead, referred to the Committee on Foreign delations, and ordered 

to be printed. 



To the Senate of the United States : 

I transmit to the Senate, in answer to their resolution of the 8th instant, 
a report from the Secretary of State with accompanying documents. 

TJ. S. GRANT. 

Washington, December 20, 1809. 



Department of State, 

Washington, December 20, 1869. 

The Secretary of State, to whom was referred the resolution of the 
Senate of the 8th instant, requesting" the President to communicate to 
that body, "if in his opinion not incompatible with the public interest, 
any information he may have in his possession in regard to the progress 
of the revolution in Cuba, and the political and civil condition of the 
island," has the honor to lay before the President extracts from late cor- 
respondence between the Department of State and the Spanish minister 
accredited to this government, Mr. Lopez Roberts. 

Also, between the Department of State and the following diplomatic 
find consular representatives of the United States: 

Mr. Hale, who performed diplomatic functions at Madrid until July 
29, 1SG9. 

Mr. Sickles, who entered upon his duties at Madrid, July 29, 1809. 

Mr. Hall, consul at Matanzas. transferred temporarily to Havana, 
March 4, 1807. 

Mr. Plumb, consnl general at Havana, from May 24, to November 30, 
1869. 

Also, a letter from Mr. Gosvenor P. Lowry, and affidavits submitted 
by him and Mr. William M. Evarts, counsel for the Cubans, to the 
Attorney General, to establish a state of war, and the existence of an 
independent national government in Cuba. 

Also, an opinion of the Attorney General of the United States. 

Respectfully submitted. * 

HAMILTON FISH. 

The President. 



5769 



THE EEVOLUTION IN CUBA. 



SYNOPTICAL LIST OF PAPERS. 



t. 



JTo. 



From whom and 
to wliom. 



Date. 



Subject. 




..do 



Mr. Hall to Mr. 

"Washburne. 
Mr. Hall to Mr. 

Hunter. 



Mr. Fish to Mr. 
Lopez Roberts. 



Mr. Hall to Mr. 

Fish. 



Mr. Lopez Rob- 
erts to*Mr. Fish. 



Mr. Fish to Mr. 
Lopea Roberts. 



Nov. 18, 1869, 
Wo. 82. 



Deo. 17, 1863, 
No. 83. 

Feb. 25, 1809, 
No. 89. 

Mar. 11,1869, 

No. 4. 
Mar. 27, 18G9, 

No. 17. 



Apr. 3,1869 



Apr. 2,1869, 
No. 22. 



Apr. 5,1869 



Apr. 17, 1869 



10 



Mr. Hall to Mr. 

Fish. 
Mr. Fish to Mr. 

Lopez Roberts. 



Mr. Hall to Mr. 
FiBh. 



Mr. Fish to Mr. 

Lopez Roberts. 
Mr. Fish to Mr. 

Hale. 
Mr. Hall to Mr. 

Davis. 
Mr. Plumb to 

Mr. Fish. 



April 22, 1869 

No. 33. 
April 30, 1869 



April 30,1863 

No. 37. 



May 10, 18GB 

May 11,1809, 

No. 58. 
May 18, 1869, 

No. 56. 
May 28, I860, 

No. 15. 



Quotes the views of a conservative Cuban, viz: News of 
Spanish revolution enthusiastically received in Cuba. 
"Views of Cubans an to slavery are diverse— some desire 
immediate abolition of it; some gradual; some its continu- 
ance. The insurrection in the eastern and central depart- 
ments is formidable. Mr. Hall adds that good order pro- 
vails in his department. 
Insurrection gaining strength. Condition at Matanzas. 

General distrust and paralysis. 
Transmitting letter from consular agent at Sag'ua la Grande 
State of things there much exaggerated. Details of move 
incuts. 
Transmitting what purports to be a decree of the insurgent') 

assembly abolishing slavery. 
Transmitting decree'of Captain General authorizing capture 
on the high seas of vessels carrying men, arms, munitions 
or effects in aid of insurgents, and directing execution a; 
pirates of persons so captured. 
Calling attention to Captain General's decree of March 24. 
and informing him that United Statt-s citizens have tin 
right to carry on the high seas articles destined for th< 
enemies of Spain, subject to seizure of such as may be con- 
traband of war, or to capture for violation of a lawfully 
established blockade. Persistence in the decree will en- 
danger friendly relations. 
Transmitting letter from Remedios. and saying that majority 
of American merchants agree with the writer, who states 
that American-born citizens are well treated by the Span- 
ish authorities, do not favor the insurrection, and think it 
cannot succeed. 
Attempts are made by false and exaggerated statements and 
public meetings' to create sentiment in favor of Cuba. Per- 
sons in New York style themselves "the independent gov- 
ernment of Cuba," and dispatch expeditions and arms in 
aid of the insurgents. He asks for a proclamation similar 
to that issued by Mr. Fillmore, April 5, 1851. 
Does not perceive the necessity or propriety of issuing such 
proclamation. "When Mr. Fillmore's proclamation was 
issued peace XJrevailed in Cuba, but an armed invasion was 
threatened from the United States. Now a portion of the 
people of Cuba, are in insurrection to redress alleged 
wrongs, and no expeditions are leaving the United States. 
Mr. Roberts admits that whenever called upon the officers 
of the United States have interfered effectively to prevent 
violation of law. United States still suffering from effects 
of precipitate recognition of belligerent rights, and will not 
depart from their traditional policy. The sympathy of the 
United States is with peoples striving to secure right of 
, self-government, and with all efforts to free this continent 
from trans-Atlantic control, but they desire, to maintain 
friendly relations with governments still claiming control 
; over neighboring possessions. They will not abridge the 
light of "freo discussion, but will limit their interference 
to preventing unlawful acts in infraction of their obliga- 
tions to Spain and other friendly powers. 
Transmitting decreo of .April 1, 1869, prohibiting alienation 

of property except with the assent of the government. 
The President has seen with regret the decree of April 1, 
forbidding alienation of propertv in Cuba. Hopes it may 
be modified so as not to be applicable to property of citi- 
zens of the United States. 
Transmitting Count Valmaseda's proclamation of April 4, 
that every man over fifteen years of age found away from 
home may be shot ; that every unoccupied house, andevery 
house not flying a white flag, may be burned; and that 
women not living at home or with' their relatives may be 
carried forcibly to Jiguani or Bayama ; also informing the 
department that Count Valmaseda was moving his forces 
into the country. 
Protesting, in the interests of civilization and humanity, 

against Count Valmaseda's proclamation. 
Directing him to make representations to the Spanish gov- 
ernment against Count Valmaseda's proclamation. 
Transmitting a letter giving an account of military opera- 
tions near Nuevitas. 
Transmitting copy of authorization of loan of eight millions 
of dollars in Havana for suppressing insurrection. This 
money is understood to be nearly exhausted. The principle 
recognized that Cuba is to bear the expenses arising from 
the situation ; also transmitting copy of decree of Gaptain 
General authorizing seizure of horses. 



% m/tf 



THE REVOLUTION IN CUBA. 

Synoptical list of papers — Continued. 



No, 

17 
13 
19 



'.0 



From whom and 
to whom. 



Mr. Plumb to 

Mr. Fish. 
Mr. Hall to Mr. 

Fish. 
Mr. Plumb to 

Mr. Fish. 



Date. 



June 2,1869, 

No. 2 ). 
June 3, 1309, 

No. 9">. 
June 4, 1309, 

No. i-»J. 



Mr. Plumb to 
Mr. Fish. 

Mr. Phillips to 

Mr. Fish. 
do 



Mr. Plumb to 

Mr. Fish. 
Mr. Davis to Mr. 

Plumb. 
Mr. Fish to Mr. 

Sickles. 



Mr. Sickles to 

Mr. Fish. 
do 



31 



.do ... 



Mr. Plumb to 
Mr. Fish. 



...do. 



Mr. Fish to Mr. 
Lopez Roberts. 



June 24,1809 
No. 49. 

June 19, 1809 

June 25, 1803 



June 29, i809, 

No: 57. 
July 7,1809, 

No. 20. 
Aug. 10, 18G9, 

No. 9. 



Sept, 8,1809, 
No. 15. 

Sept. 14, 1809, 
No. 17. 

Nov. 2,1809, 
No. 29. 

June 29, 1869, 
No. 50. 

July 8,1809, 
No. 6G. 



July 10, 1809 



Subject. 



The volunteers have forced General Dulce to resign 



Lawless conduct of volunteers at Matanzas 

Deposition of the Captain General. The insurgents are 
mostly Creoles. Spanish residents, with their business and 
property identified with the. island, are dissatisfied with the 
conduct of the government; they wish the war ended. 
Those who conduct the war and hold the offices are sent 
out from Spain and have no interest in the island. 
Spanish residents, though disagreeing as to future, have 
deposed General Dolce. They may do the same with new 
Captain General if dissatisfied, volunteers number about 
30, 00 ) on the island— 10,000 in Havana— are unpaid and 
"furnish their own arms. Government depends upon them 
to enforce its decrees. The organization officered by men 
of position ; men in ranks, reckless. Volunteers intensely 
loyal at present. Reported negotiations between Captain 
General 'and Cubans; violence of volunteers; collisions 
and insubordination; account of events that preceded 
resignation of General Dolce. Mr. Plumb's speculations 
upon what may follow. 

Inclosing letter 'from Mr. Phillips, acting consul at Santiago 
de Cuba, giving information of the summary exeeution of 
Charles Speakman, a citizen of the United States. 

Same subject, inclosing declaration of Speakman 



Mr. Plumb to 

Mr. Fish. 
do 

Mr. Sickles to 
Mr. Fish. 



Mr. Plumb to Aug.l8,18G9 
Mr. Davis. No. 115. 



July 21, 1869, 
No. 83. 

July 13, 1809, 
No. 75. 

Aug. 12, 1869 
No. 4. 



Transmitting information about summary execution at San- 
tiago de Cuba of Albert Wyeth, an American citizen, with 
Wyeth's statement about himself and Speakman. 

Same subject 



A vessel of war will proceed to Santiago do Cuba, to investi- 
gate case3 of Speakman and Wyeth. 

Instructing him to demand compensation for the families of 
Speakman and Wyeth; to require that citizens of the 
United States shall be invested with as broad rights as 
those of other countries ; and to protest in tbe name of the 
President against longer carrying on war in this barbarous 
manner. 

Inclosing copy of his note to Mr. Bercerra as to Speakman 
and Wyeth, &C, under instruction No. 9, (ante, No. 25.) 

Report has been called for in cases of Speakman and Wyeth. 
Reparation will be made if facts are found as alleged. 

Inclosing copy of Mr. Silvela's note as to Speakman and 
Wyeth, and of his rejoinder. Spanish minister says Speak- 
man was executed in conformity with law. 

Transmitting letter from consular agent at Nuovitas, giving 
account of capture of Spanish force by insurgents, and 
progress of events. 

Inclosing Captain General's decree of July 7, closing certain 
ports, declaring voyages with arms, ammunition, or crew 
for the insurgents illegal, and directing cruisers on the 
high seas to exercise the rights stipulated for by the treaty 
of 1795 with the United States, and to bring into port ves- 
sels found enemies. 

Calling attention to proclamation of Captain General of July 7, 
as to rights claimed over vessels of the United States on 
the high seas, under the treaty of 1795, &c. It assumes 
power over the commerce of the United States that can 
only be perniited in time of war. United States will not 
yield right to carry contraband of war in time of peace; 
will not permit their vessels to be interfered with on the 
high seas except in time of war. Treaty of 1795 confers no 
rights over vessels of the United States in time of peace. 
If Spain is at war it should be known, in order that notice 
be immediately given of the restrictions that such state 
entails upon the commerce of the United States. Mr. Fish 
asks whether Spain recognizes a state of war as existing, 
and states that a continuance of the decree or any attempt 
to enforce it will be regarded as a recognition by Spain ut 
a state of war with Cuba. 

Transmitting modifications of Governor General's decree of 
July 7, as to search of vessels on the high seas. 

Transmitting general order of the Captain General for con- 
duct of the war with more humanity. 

Conversation with Spanish minister, in which ha states the 
wish of the liberal party in Spain to confer upon Cuba free 
institutions; the insurrection, unfortunately, prevented it. 

The accounts in the United States favorable to the insurrec- 
tion are exaggerated. 



THE REVOLUTION IN CUBA,. 



Synoptical list of pttp&FS — Continued. 



Wo. 1 



From whom and 
to whom. 



Mr. Sickles to 
Mr. Fish. 



.do 



Date. 



do 

Mr. Plumb to 

Mr. Davis. 
do 



.do 

.do 

.do 
-do . 



Mr. Roberts to 
Mr. Fish. 



Aug. 14, 1869, 
No. 6. 

Aug. 20,1809, 
No. 9. 

Aue.21, 1869, 

No. 10. 
Aua;. 24, 1869, 

No. 12. 
Aug. 21, 1809, 

No. 119. 
Aug. 24, 1869, 

No. 123. 
Aug. 26, 1869, 

No. 127. 
Aug. 27, 1869, 

No. 129. 

Aug. 31, 1869, 
No. 135. 

Sept. 1,1869, 
No. 139. 

Sept. 18, 1869 



Subject. 



L Mr. Fish to Mr. 
i Lopez Roberta. 



Oct. 13,1869 



Incloses article 108 of Spanish constitution about Cuba. 

Mr. Silvela regards it as preventing action upon Cuba till 

Cuban deputies arrive at the Cortes. 
General Prim states to Mr. Sickles that Cuban insurgents 

hold no city or fortress, port or ships, and have no army 

that offers battle. 
Reasons why General Prim thinks the Cuban insurgents are 

not in a condition to negotiate. 
Spain more willing to transfer Cuba to the United States 

than to concede independence. 
Transmitting information about the murder of twenty promi- 
nent citizens of Santiago de Cuba at Jlquaui. 
Same subject - 



With abstracts of the several decrees for the embargo of 
property. 

The insurgents have resolved upon a general destruction of 
property, and especially the destruction of sugar estates. 
This will entail great less on citizens of the United States. 

Transmitting a decree said to have been issued by the insur- 
gents on the 4th May, 1869, for the conduct of the war. 

Transmitting communication from consular agent at Man- 
zauilio as to affairs in that quarter and murders at Santiago 
do Cuba- 
Belligerent rights to the Cubans. The United States is ap- 
parently on the eve of granting them. The doctrine as 
always held by the United States and set forth by Mr. C. 
F. Adams and Mr. Sumner stated. Mr. R. H. Dana quoted. 
Cubans have no ships, ports, or prize courts. Their army 
a band roaming in the eastern department. Policy of 
Spain in 1861 compared with what Mr. Roberts imagines 
to bo the contemplated policy of the United States. Mr. 
Perry and Mr. Sehurz cited. Malcontent Cubans in the 
United States have organized attacks on Spain; have en- 
listed men, emigrants "even. Expeditions have openly left 
New York without interference, and Mr. Roberts has been 
obliged, by apathy of authorities, to initiate proceedings. 
Extravagant demonstrations had in the country echoed by 
the press. Cuban emissaries have boasted of private offi- 
cial information. In this comiection Mr. Roberts quotes 
from Mr. Dallas. "Why do Cuban agents ask recognition ? 
Because they need aid of the United States. Quotes again 
from Mr. Adams. 

Mr. Roberts's letter of September 18 not received till Septem- 
ber 25, on which day Mr. Fish left Washington on tempo- 
rary absence. Might be sufficient answer to say that no 
intention to grant belligerent rights has been announced. 
More perfect" answer to say that no such intention has been 
reached by the United States. Mr. Fish pleased that Mr. 
Roberts draws his authorities from the history and states- 
men of the United States. Mr. Roberts has contrasted the 

• course of Spain in 1861 with that of the United States, and 
says that Spain could not do otherwise than she did by 
reason of her geographical position. Spain conceded bel- 
ligerency to the south sixty-six days after assault on Sum- 
ter, a bloodless combat. Mr. Fish admits the weight of 
the argument from geographical position. The geographi- 
cal position of Cuba considered, also the prolongation of 
the contest, the number of combats, the number of the 
killed, position of parties in Cuba as compared with parties 
in the United States in 1861. Riquelme quoted to pro\*e 
that foreign intervention may be made in interest of hu- 
manity. The. United States have frequently remonstrated 
in this interest against the manner in which this contest 
is waged. The United States have hitherto acted on their 
well-established policy. The present state cannot be in- 
definitely prolonged. ' The United States reserve right of 
future action. 'Many of Mr. Roberts's complaints are 
founded upon misapprehension of spirit of cur institutions. 
The United States offer an asylum to the, oppressed, and 
give freedom of speech and of action, restricted only by 
observance of the rights of others and maintenance of pub- 
lic peace; within those bounds all may assemble — malcon- 
tent Cubans and subjects of Spain. Unlawful expeditions 
have been planned, and in one case did succeed without at- 
tracting notice; but tho United States has always been 
ready (as Mr. Roberts was informed) to act on information 
furnished by him, and has acted on such information, even 
\Vhen it has proved erroneous. 



HE VOLUTION IN CUliA 
Synoptical list of papers — Continued. 



5 



Srom whom and 
to whom. 



Date. 



Mr. Sickles to 
Mr. Fish. 



Mr. Plumb to 

Mr. Fish. 
do 

Mr. Plumb to Mr. 
Fish. 



Mr. SicWes to 
Mr. Fish. 



.do 



Mr. Davis to Mr. 

Plumb. 
Mr. Plumb to Mr. 

Davis. 



Mr. Plumb to Mr. 
Fish. 



Mr. Plumb to Mr. 
Davis. 



Mr. Fish to Mr. 
Plumb. 

Mr. Plumb to Mr. 

Fish. 
do 



Mr. Sickles to 
Mr. Fish. 



Mr. Plumb to Mr. 

Davis. 
do 

Mr. Plumb to Mr. 
Fish. 

Mr. Plumb to Mr. 

Davis. 
do 



do 

Mr. Sickles to 

Mr. Fish. 
do 

do 

do 



.do 



Sept. 1 - 
No. 19. 



Sept. 16, 1369 

Sept. 20. 1869, 
No. 156. 

Sept. 21, 1869, 
No. 159. 



Sept. 25, I860, 
No. 52. 



Sept. 25, 1869 



Sept. 28, 1869, 

No. 46. 

Oct. 21, 1869, 

No. 193. 



Sept. 27, 1869, 

No. 167. 

Oct. 15,1869, 
No. 181. 



Oct. 20,1869, 
No. 63. 

Nov. 17. 1869, 
No. 825. 

Nov. 20, 1869, 

No. 230. 

Oct, 16,1869, 

No. 26. 



Oct. 26,1869, 
No. 195. 

Oct, 26,1869. 
No. 196. 

Oct. 15,1869. 
No. 183. 

Nov. 2, 1869. 

No. 207. 
Nov. 2, 1869, 

No. 208. 

Nov. 4,1869, 

No. 211. 
Nov. 3, 1869, 

No. 31. 
Nov. 14, 1869, 

No. 33. 

Nov. 25, 1869, 
No. 35. 

Nov. 28, 1869 



Doe. 3, 1869 



Subject. 



eree for organization of commission for reforms 
i:i Porto Rico, including abolition of slavery. Tl 

if warfare in Cuba will bo early considered in the 
Cortez. 

a copy of the constitution of the Cuban republic 

Formation of tho volunteer reserve corps. Time come for 
all to define positions. 

People of Havana begin to read newspapers and think upon 
current events. Ten thousand young men enrolled as 
volunteers in Havana, and daily read the papers. A sketch 
of the kind of reading thus furnished. 

General Prim does not" intend to have re-enacted the scenes 
that took place under General Dutce. Orders given to pre- 
vent repetition of barbarities. Mr. Sickles recommended 
cartels. General Prim said it was necessary to move cau- 
tiously. 

Telegram. — Volunteers to be disbanded when hostilities cease. 
Scandalous executions to be stopped; slavery to be grad- 
ually abolished ; liberal reforms to be granted without wait- 
ing for termination of war. 

Transmits snbstance of Mr. Sickles telegram, (ante, 53,) and 
instructs him to inquire and report upon same. 

Does not think disarmament of volunteers practicable. 
Reasons why it is not. Sees no evidence of intention to 
cease hostilities before insurrection is suppressed. The 
rulers in Cuba wish well to island and desire to stop effusion 
of blood. General opinion that abolition should be gradual ; 
none think it should be deferred over five years. 

Transmitting an account from Mr. Hall of the violent and 
illegal conduct of the volunteers at Matanzas, and a copy 
of a decree of the governor relating thereto. 

Transmitting copy of a decree of Governor General, dated 
September 28, 1869, concerning passenger vessels and pas- 
sengers. Mr. Plumb objected to it and secured the modifi- 
cations published October 13. of which copies are inclosed. 

Mr. Plumb instructed to protest against tho decree and rules 
for enforcing same, contained in his number 181, (ante,) so 
far as concerns passenger vessels of the United States. 

The decree, (See dnte, 57 and 53,) not intended to refer to 
passengers in transit. Will bo modified. 

Inclosing modification of decreo as to passenger vessels. 
(ante, 59.) 

Transmitting copy of decree giving liberty of worship in Cuba. 
Also copy of Mr. Silvelas note desiring the President to use 
his influence with Cuban refugees to secure less savage 
character to the war, and to release the Spanish gunboats, 
which are neither intended to operate against Peru or Cuba, 
but to defend the coast against the "aggressions of fili- 
busters and pirates. 

Inclosing copy of decree for freedom of worship 



A decree has been promulgated removing restrictions of for- 
mation of joint stock companies. 

Sibamca and Guaimaro, the former a hamlet, the latter a 
place, of five hundred inhabitants, the only places occupied 
by the insurgents. 

Sibamca and Guaimaro are both destroyed 



Inclosing a circular inciting the negroes to burn the estates, 
forwarded by the consul at Matanzas. and said by him to 
have been "probably printed in New York." 

As to tho orders giveii by the insurgents for the burning of 
estates and cane-fields. 

Commission on reforms in Porto Rico has been dissolved 



No reform for Cuba to be brought forward till hostile bands 
are dispersed. Incloses copies of speeches of the colonial 
minister on the 6th October and the 9th November. 

Transmitting project of reforms for Porto Rico 



Telegram. — Government programme for Porto Rico to include 
local self-government, free press, impartial suffrage, speedy 
abolition of slavery, equal civil and political rights without 
distinction of color, &c, to bo extended to Cuba when hos- 
tilities cease. 

Telegram. — Spain desires friendly relations with South 
American republics, and will begin liberal colonial re- 
forms at or.ee. 



THE REVOLUTION IN CUBA. 

Synoptical list of papers — Continued. 



Ho. 



From -whom and 
to whom. 



Date. 



Subject. 



74 



Mr. Lowrid to 
Mr. Fish. 



The Attorney 
General to Mr. 

Fish. 



Dec. 15,1809 



Dec. 10,1869 



75 



Had called upon tho Attorney General in company with Mr. 
Evarts, and they had submitted affidavits ; but the Attor- 
ney General had informed him they would be disregarded, 
as not furnishing good evidence, and had clearly stated the 
purpose of the government. He incloses the affidavits. 

The Attorney General thinks that it is not proper for the 
United States to cause a libel to be filed, under the third 
section of the statute of 1818, against the Spanish gun- 
boats, on the ground that they are procured to be fitted 
out and armed with intent tliat they shall be employed 
in the service of Spain, a foreign state, with intent to 
cruise or commit hostilities against the subjects, citizens, 
or property of a colony, district, or people with whom 
the United States are at peace — namely, a colony, district, 
or people claiming to be the republic of Cuba. Ho has so 
advised, aiid the government have acted on his advice. 

The affidavits of Miguel de Aldama, J. M. Mestre, Emalo F. 
Gavado, William Clarence Tiuker, Francis Coppinger, 
Enrique L ina;, and Francis Xavier Cisnoros, submitted 
to the Attorney G3ner.1l by Mr. Grosvenor P. Lowrie and 
Mr. William M. Evarts, counsel for the Cubans, to estab- 
lish the existence of a stato of war and of an indepDndent 
government in Cuba. 



101 



101 



104 



CORRESPONDENCE 



No. 1. 
Mr. Hall to Mr. Seward. 

No. 82.J Matanzas, November IS, 1«G8. 

I am mainly indebted to a Cuban gentleman, of conservative political 
opinions, for the statements contained in this communication, in refer- 
ence to the extraordinary events at present transpiring in this island, 
and the opinions prevailing in this locality. 

As far as my own information extends these sentiments are impartial 
and reliable. The belief that they may prove of interest in the present 
emergency, induces me to communicate them to the department. 

"The news of the late revolution in Spain was received here with sur- 
prise, and no little enthusiasm by the native Cubans and many Spanish 
liberals ; the Cubans thought they could discern the dawn of a new era, 
and a radical change of Spanish policy in the government of this island, 
a feature full of hope for the cause of liberty and enlightened progress, 
to be realized without resort to arms and bloodshed. 

" The excitement, caused by the information first received, soon passed 
away, and public attention became fixed upon the institution of slavery, 
and the course likely to be adopted by the Madrid government in re- 
gard to it. Naturally, every shade of opinion has been expressed, from 
the extreme radical, in favor of its immediate abolition, to the propa- 
gandist, devoted to maintaining and perpetuating the institution. 

" The diversity of opinions in regard to slavery is worthy of notice; 
the more intelligent of the Cubans, including a small number of slave- 
holders, are in favor of immediate abolition ; they contend that it is 
not only an obligation due to justice and humanity, but a measure of 
sound policy, that would be attended with less danger to the peace and 
good order of the island, than others of prospective emancipation ; that 
it would obviate all inducement to insurrection on the part of the 
blacks, and that any perturbation of the present system of labor could 
be easily arranged, without materially reducing the productions of the 
island. 

"They claim, too, that the African slave trade will only finally and 
definitely cease with the unconditional abolition of slavery in the island, 
where alone it meets with any encouragement. 

" They believe that while slavery exists there will be no government 
established here in which they can have a voice; that the island will 
continue to be governed by a repressive, censorious system, under the 
pretext of preserving order; in other words, the forcible submission of 
the blacks, to the exclusion of all the rights and privileges of free gov- 
ernment. 

"The generality of slave owners, Cubans as well as Spaniards, favor a 
plan of emancipation that will extinguish the institution in ten years, 
all born from and after the date of the decree to be declared free; they 
believe that by this plan the social transition may be gradually and insen- 
Ibibly effected, without serious injury to proprietors, whose interests are, 



8 THE REVOLUTION IN CUBA,, 

or should foe, considered identical with tlie general welfare of the island. 
This conservative class care very little about the advantages of free gov- 
ernment, as long as they are protected in their material interests, and 
the immediate abolition of slavery is not attempted 5 they believe, also, 
that during the proposed period of ten years, European emigrants may 
foe induced to come to the island and adopt agricultural pursuits; mean- 
while they trust that the tranquillity of the island will remain unaltered 
and its resources developed. 

" A few Cuban and many Spanish proprietors oppose all plans interfer- 
ing with their favorite institution ; the most that they will consent to, 
and that with much reluctance, is a decree of freedom to all born from 
and after a date yet to be fixed upon. This class still persists in reviving 
the African slave trade, to which many of them owe their fortunes. It 
is known that they have sent commissioners to Madrid to protest against 
any plan of abolition or emancipation, differing from their own, that 
may be proposed. They desire the perpetuation of slavery, under the 
conviction that not only their own prosperity depends upon it, but 
because the independence of the island would be next to an impossibility, 
while the present system remains unchanged. With the loss of the island 
they know that Spain and her subjects would lose the languid influ- 
ence they still maintain in the western hemisphere. 

" While the whites, at the clubs, in public places, and at their own 
houses, discuss this question with little reserve, the other race, free and 
slave, listen in silence, not a few of them appearing to understand the 
question as well as their masters. It is believed that should a just and 
equitable system of emancipation be adopted, they will remain quiet, 
but should other counsels prevail, their peaceable submission can hardly 
be expected. 

"Almost simultaneously with the revolution in Spain, and apparently 
without concert with it, an insurrection broke out in the eastern and 
central department of the island. 

" Notwithstanding the difficulties that occur in obtaining reliable in- 
formation from that direction, the reserve of the government, keeping 
back important news, which afterwards comes into circulation with all 
kinds of exaggerations, there appears to be little doubt but that the insur- 
rection is of a much more formidable character than we were at first led 
to suppose, having its ramifications throughout the island, and its pro- 
gramme nothing less than absolute independence of Spain. 

"A state of poverty and decay has been noticeable in those departments 
during the past two years, the evils of which have been greatly aggravated 
by the system of taxation, adopted a year since, and applied with little 
discretion or judgment to the more indigent portion of the rural popula- 
tion, principally engaged in raising cattle, cultivating tobacco, and cut- 
ting timber. 

" The discontent caused by the unusual and inappealable measures cul- 
minated in a ' pronunciauiiento' of the town of Yara, a short distance 
from Bayamo, headed by Don Pedro Vicente Aguilera, a landed pro- 
prietor of wealth, who, it is reported, at the same time gave freedom to 
two hundred of his own slaves. 

"Simultaneously with this movement other ' pronunciamien toes' occur- 
red in Tunas, Manzanillo, and Manibio, under the leadership of the 
well-known Cubans, Cespedes, Arteaga, and Chamizo, to which, it has 
been reported, some small detachments of Spanish troops have united. 

"The wild character of the country where the insurrection has broken 
out, the entire want of railroads and even common roads, are greatly in 
favor of the i insurgents.' It is well known, however, that they are 



THE REVOLUTION IN CUBA. 9 

deficient in arms, munitions, and effective organization, witli winch to 
oppose the forces that have been sent against them; still it is reported 
that their numbers are now about equal to that of the entire Spanish 
force in the island. 

" It is generally admitted that should the government not succeed in 
checking this insurrection it will prove ruinous to the best interests of 
the island. Many, however, are confident that every motive for its con- 
tinuance will cease with the arrival of General Dulce, the publication of 
a general amnesty, the adoption of a liberal and just policy in regard to the 
inhabitants of the insurrectionary districts carried oat in good faith, and a 
definite settlement of the slavery question. It is believed that such a 
course will alone put an end to the present unsatisfactory state of affairs, 
the insurrection having already assumed such proportions as will make 
it very difficult, if not impossible, for the government to subdue it by 
force." 

In addition to the foregoing, I beg leave to state that in this consular 
district good order prevails without any evidence of a rebellious spirit 
among any portion of the inhabitants; however, should the insurrection 
extend itself in this direction, it is difficult to predict the consequences. 
The removal of General Dulce is looked for with great anxiety. 



No. 2. 
Mr. Hall to Mr. Seward. 

No. 83.] Matanzas, December 17, 18G8. 

Since addresssing the department on the eighteenth ultimo, I have 
to report that a marked change is noticeable in the political condition of 
this part of the island. The same difficulties for acquiring information 
still exist. There are any number of rumors and exaggerated reports 
put in circulation by both parties, but it appears to be generally admit- 
ted that up to the present time the government has made no progress 
in quelling the insurrection, allaying the excitement of the inhabitants, 
or inspiring confidence. 

The only attempt to revolt in this vicinity appears to have occurred 
at Jaquey Grande, near the terminus of the Matanzas railroad, where 
it is reported some three to four hundred insurgents met a few days 
ago, but not having obtained the arms that had been promised them, 
they returned to their homes. With this exception, there has been no 
demonstration of importance, but there is every indication that a gene- 
ral plan of insurrection exists in this and other principal cities, if not 
throughout the whole of the island. 

In this city and vicinity there is much excitement among the Cuban 
population, and it is believed that only a want of arms prevents their 
rising against the authorities, while the Spanish or loyal portion of the 
inhabitants are becoming exasperated to such a degree, that it seems 
next to impossible for two such antagonistic elements to exist much 
longer, side by side, without coming into conflict. 

It appears, also, that in other parts of-the island the insurrectionary 
movement gains strength and adherents ; even the conservative class 
of Cubans, that a month ago hoped and predicted a settlement of all 
difficulties, with the arrivalof General Dulce, now fear, and even admit, 
that the affair has progressed so far that there can be no recession, and 



10 THE KE VOLUTION IN CUBA. 

whether as a question of months or years, it can only terminate in sepa- 
ration from Spain. 

The question of slavery appears, meanwhile, to have been lost sight 
of; the insurgents, however, rely upon the assistance of the free blacks 
in case of need. 

Arrests are numerous ; parties in custody of soldiers and police are 
frequently seen in the streets, many of them from the surrounding coun- 
try destined to the prisons of this place or the fortresses of Havana. 
* * # # * * 

There is a general distrust in commercial circles; business is greatly 
paralyzed, notwithstanding the promise of an abundant crop, just 
coming into market. There is no disposition on the part of any one to 
make investments — in fact, all would be glad to realize and remove their 
means out of the island — evidently fearing that the worst has not yet 
come. 

E have endeavored in the foregoing to give the department an impar- 
tial and reliable account of the present state of affairs in this district, 
and hope it may be of interest. 



No. 3. 

Mr. Hall to Mr. Seward. 

Ko. 89.] Matanzas, February 25, 18G9. 

I have the honor to accompany herewith copy of a letter received to- 
day from Mr. James H. Horner, consular agent at Sagua la Grande. 



Mr. Horner to Mr. Hall. 

Sagua la Grande, February 23, 1869. 

In order to comply with your request to furnish you with reliable information respect- 
ing the insurrectionary movement in this vicinity, I have been obliged to wait till 
now, as the reports heretofore received have been very much exaggerated. 

Ther« are, however, some facts that may possess interest, and one is that Sagua la 
Grande, and the jurisdiction of that name, are under martial laio, and are declared in a 
state of siege. 

Day before yesterday the insurgents in the number of 1,800 (reported) were attacked 
by about 400 infantry, and 100 cavalry volunteers, in the estate "San Miguel," near 
Villaclara. The rebels were hidden in the cane fields, and the government troops charged 
upon them, and the rebels set fire to the cane in many places at once, thinking to 
envelop the troops in the flames. The fire drove both parties to the batey, (yard,) and 
the rebels hid themselves in the buildings, where they were hunted and shot down in 
great numbers. The official report states, or will state, that there was a " horrible 
butchery." The government forces lost fourteen in killed. The loss of the other side 
is not stated. 

To-day the passenger train from the "Encruzijada" to the Boca, and which passes 
through Sagua, has been captured, at least it is so supposed, as the train ought to hava 
arrived at 8.30 a. m., and now, at 9 p.m., it has not arrived, and nothing has been heard 
of it. An engine wa3 sent to ascertain the cause of the detention, and was fired upon 
by the insurgents, and obliged to return without accomplishing its object. 

The prison here has been fortified by surrounding it at some distance with sugar 
hogsheads, set on end, and filled with earth. The " pass" of the river (ford) is defended 
by the guards with a field-piece. 

The rebels have destroyed several bridges between this and Las Graces, thus inter- 
rupting our railroad communication with Cienfuegos. 

A few days since a fight took place at Colonia de Santo Domingo, between the insur- 
gents and the forces of the government, the result of which is not known, but believed 
to be important. 



THE REVOLUTION IN CUBA. 11 

Should there ho any disposable vessels of war of the United States at Havana or 
Matanzas, I think it would bo favorable to American interests here to havo an occa- 
sional visit from them during the present state of affaira. 

I suppose no steps have been taken to allow the United States flag to be used here, 
as it is in Cardenas and Cienfuegos. If the place should be taken, it might, if it could 
be used, afford some protection to the families of foreigners. 



No. 4, 

Mr. Ball to Mr. Washbume. 

No. 4.] Havana, March 11, 18G9. 

# * # * # * * 

I have the honor to accompany herewith a. copy and translation of a 
document, purporting to be a decree of the Cuban insurgent assembly, 
abolishing slavery in this island. 



I" Translation.] 

The institution of slavery, introduced into Cuba by Spanish dominion, must bo extin- 
guished along with it. The assembly of representatives of the center, having in view 
the eternal principles of justice, in the namo of liberty and the people that it repre- 
eents, decrees : 

1. Slavery is abolished. 

2. The owners of those that havo been slaves will be indemnified in due time. 

3. All those who by this decreo obtain their freedom will contribute their efforts to 
the independence of Cuba. 

4. To this end, those who may be found apt and necessary for military service will 
enter our ranks, enjoying the same compensation and the same consideration as other 
soldiers of the liberal army. 

5. Those who are not destined to military service will continue while the war lasts 
at the same labors in which they are now employed, to preserve estates in a productive 
condition, and thus provido subsistence for those who offer their blood to the cause of 
common liberty, a duty imperative alike on all those citizens now free of whatever race, 
exempt from military service. 

6. A special regulation will prescribe the details in regard to the execution of thig 
decree. 

Patria y Libertad, Camagney, February 2(3, 1869. 

The assembly : Salvador de Cisneros, Edwardo Agramonte, Ignacio Agramonte, Fran- 
aisco Sanchez, Antonio Zambrana. 

General A. CASTILLO. 



No. 5. 
Mr. Ball to Mr. Bunter. 

No. 17.] Habana, March 27, 1809. 

I have the honor to transmit herewith a copy and translation of the 
proclamation of Captain General Dulce, relative to vessels approaching 
the island with hostile intentions, having men, arms, or munitions of 
war on board. 

I would respectfully call the particular attention of the department to 
the extraordinary features of this proclamation. 



12 THE EEVOLUTION IF CUBA. 

[Translation. — Official.] » 

Superior Political Government of the Province of Cuba. 

It being necessary for the better service of the state, and -with the firm determination 
that the insurrection already held in check by the force of arms in the interior shall 
receive no exterior aid that may contribute to its prolongation, and to the ruin of 
property, industry, and commerce — using the extraordinary and discretional power in 
ine vested by the supreme government of the nation, I decree the following: 

Vessels which may be captured in Spanish waters or on the high seas near to the 
island having on board men, arms, and munitions, or effects that can in any manner 
contribute, promote, or foment the insurrection in this province, whatsoever their deri- 
vation and destination, after examination of their papers and register, shall be de facto 
considered as enemies of the integrity of our territory, and treated as pirates, in accord- 
ance Avith the ordinances of the navy. 

All persons captured in such vessels, without regard to their number, will be imme- 
diately executed. 

DOMINGO DULCE. 

Havana, March 24, 1869. 



No. 6. 
Mr. Fish to Mr. Lopez Roberts. 

Washington, April 3, 18G9. 

I am directed by the President of the United States to invite your 

serious attention, and through you that of your government, to a pro- 

' clamation of his excellency the Captain General of Cuba, of the 24th of 

last month, an authentic copy of which has this day been received at 

this department. 

That instrument, in its preamble, refers to the existing insurrection in 
Cuba, and declares that the measures which it proposes for the suppres- 
sion of that insurrection are necessary for that purpose. Those meas- 
ures are " vessels which may be captured iu Spanish waters or on the 
high seas near to the island (Cuba) having on board men, arms, and 
munitions, or effects that can in any manner contribute to promote or 
foment the insurrection in this province, whatever their derivation or 
destination, after examination of their papers and register, shall be de 
facto considered as enemies of the integrity of our territory, and treated 
as pirates in accordance with the ordinances of the navy. 

"All persons captured in such vessels, without regard to their number, 
will be immediately executed." 

It is to be regretted that so high a functionary as the Captain General 
of Cuba should, as this paper seems to indicate, have overlooked the 
obligations of his government pursuant to the law of nations, and espe- 
ciallv its promises in the treaty between the United States and Spain 
of 1795. 

Under that law and treaty the United States expect for their citizens 
and vessels the privilege of carrying to the enemies of Spain, whether 
those enemies be claimed as Spanish subjects or citizens of other countries, 
subject only to the requirements of a legal blockade, all merchandise not 
contraband of war. Articles contraband of war, when destined for the 
enemies of Spain, are liable to seizure on the high seas, but the right of 
seizure is limited to such articles only, and no claim for its extension to 
other merchandise, or to persons not in the civil, military, or naval ser- 
vice of the enemies of Spain, will be acquiesced in by the United States. 

This government certainly cannot assent to the punishment by Spanish 
authorities of any citizen of the United States for the exercise of a privi- 
lege to which he may be entitled under public law and treaties. 



THE REVOLUTION IN CUBA. 13 

it is consequently hoped that his excellency the Captain General of 
Cuba will either recall the proclamation referred to, or will give such 
instructions to thu proper officers as will prevent its illegal application 
to citizens of the United States or their property. A contrary course 
might endanger those friendly and cordial relations between the two 
governments which it is the hearty desire of the President should be 
maintained. 



No. 7. 
Mr. Hall lo Mr. Fish, 
jSTo. 22. | Havana, April 2, 1869. 

1 have the honor to transmit herewith a copy of a private letter 
received to day from , a highly respectable merchant, 

residing in the Remedios district. 

* # # # # ■• * * 

I have thought it my duty, without expressing any opinion of my own 
in regard to the justice of his remarks, to transmit to the department a 
a copy of his letter, merely stating that as far as my information extends, 
they agree in the main with the views of a majority of other American 
merchants residing here and at other parts of the island. 

* * * * * * * * 



Mr. to Mr. EalU 

Caibaiiien, March 25, 18(31). 

In answer to your interrogatives regarding tho welfare of American citizens in tho 
outports of tho island, I would say that they are thus far heiug treated hy tho govern- 
ment with all duo consideration; more cannot bo asked or expected than they are 
receiving, and in turn, all American born citizens are conducting themselves in a manner 
that cannot be otherwise than satisfactory to the authorities. 

In general, American citizens residing hero are against this disorderly and unpromis- 
ing insurrection, which is causing so much harm to the island and to all interested 
property holders. Not only Americans, but all foreign residents are desirous that the 
government shall succeed, and trust no sudden change which would bo disastrous to all. 

The amount of American capital in the outports is very heavy, and would smTer 
greatly if any change took place. Being well informed of the material of tho insurgent 
party, the larger portion of whom are unprincipled persons, badly organized, and without 
discipline, I think certainly cannot succeed and the government will soon put them 
down. In the four districts of Sagua, Cienfuegos, Yillaclara, and Remedios, they have 
succeeded in breaking up the large bands, and now those that still rove in these dis- 
tricts are comparatively few and in bands of very small numbers, being driven from 
place to place, fleeing like robbers, and by their atrocious actions lately committed in 
these districts deserve severe tr< atment. 

It would be very detrimental to the interests and safety of American residents for our 
government to take any steps in acknowledging the insurgents as belligerents, and it 
is the universal wish of Americans here that they should not. The insurgents certainly 
are declining, and they are very far from being in a position to bo recognized. 



No. 8. 
Mr. Lopes Roberts to Air. Fish. 

[Translation.] 

Washington, April 5, 1861). 
The undersigned, envoy extraordinary and minister plenipotentiary 
of Spain, thinks the tim© has now arrived to address to the honorable 



14 THE EEVOLUTION IN CUBA. 

Secretary of State of tlie United States a few observations in reference to 
facts which he has heard of through the public papers, and through offi- 
cial communications received from the consuls of Spain in different ports 
of the United States, and from public rumor — facts which affect the 
interests and dignity of the nation which the undersigned has the honor 
to represent, and which, of course, must be of interest to the govern- 
ment of the American nation, whose friendly relations with Spain he is 
pleased to recognize, and which he deems his agreeable duty to preserve. 

Of the facts alluded to, some consist of urgent and clamorous insti- 
gations, which the disloyal Spaniards of Cuba, in rebellion against its 
nationality, and in exile for that crime, are trying to promote in various 
ways, for the purpose of creating an opinion in favor of their evil cause 
among the people of the United States, b}' inserting in the public pa- 
pers false reports of events said to have occurred in that island, and 
boasted victories, always contradicted, of the rebel arms. Others re- 
ferred to are calls of meetings, pompously auuounced and numerously 
attended, where speeches are made, abounding in extravagances and 
absurd falsehoods, intended to captivate the understanding and mislead 
public opinion, by imposing upon the credulty of the people and allur- 
ingly flattering their instincts. And we may add to this kind of ex- 
citement the stimulus of musical concerts, public collections of money 
to aid the rebels, and even sermons and prayers in certain churches, 
calling for divine aid for the triumph of the cause, after public an- 
nouncements to increase the, attendance, which proves that, instead of 
Heaven's aid, they are trying by this ostensible sanctity to seduce the 
multitude and secure the moral and material aid of man. 

Facts of another kind, which are referred to, are a natural sequence 
of those mentioned, and prove that their promoters were not disap- 
pointed in their expectations. In fact, the honorable Secretary of State 
has been informed by the undersigned that frequent communications 
have been received at this legation from consuls of Spain at various 
ports of this republic, stating that piratical expeditions are in prepara- 
tion against the legitimate government of Spain in Cuba ; that arms 
and ammunition are sent there in sailing vessels and steamers, and 
other acts in positive violation of international law have been perpe- 
trated ; and although the undersigned knows, for the honorable Secre- 
tary of State has so informed him, that orders have been given to the 
proper officials of the government of the Union to stop such outrages, 
and cause a strict observance of the laws, yet it is certain that, in spite 
of his zeal, these officers have not been able to prevent some expeditions 
from reaching their places of destination, as is publicly known, and 
that others have been captured by Spanish cruisers, near the coast of 
Cuba, with positive proof of their criminal intentions. 

So advanced are these rebel refugees in their plans of hostility, and 
so much confidence have they in the popularity of their cause, that the 
so-called board of directors established in New York has assumed the 
fancy title of the independent government of Cuba., and has dared to send 
an agent to Washington, with the vain hope that he will be received by 
this government as the representative of the rebels. 

But this is not in question at present; nor does the undersigned look 
upon it seriously, or presume that the government at Washington will 
consider it so ; but he proposes to establish the truth of the facts, so as 
to show what the insurrection in Cuba is, and what it means, and the 
nature of the fancied entity which the rebel refugees in New York insist 
on calling the revolutionary government. 

The rebels have no communication with each other; they occupy no 



THE EE VOLUTION IN CUBA. 15 

place as a center of operations ; nor have they, in the whole island, a 
single city, a single town, a single village or hamlet, nor even a point 
on the coast, where they might collect their forces and date their orders 
and proclamations; but they fly from onr troops and never offer battle, 
except when forced to do so ; and their only mode of warfare is to ap- 
ply the incendiary torch to estates, thus reducing to ashes and ruins the 
whole wealth of the island, if not prevented by Spanish soldiers. 

Such are the armies and such is the government that pretend to offer 
themselves to the American people as the champions of civilization and 
of liberty. 

The undersigned has already stated that he does not deem this ex- 
planation necessary to convince the enlightened government of the 
United States, and he believes it superfluous to add, that the govern- 
ment of Spain would not accept any other signification that might be 
given to the persons and things, even laying aside these facts and ante- 
cedents. His sole intention is to lament the evil effect this pernicious 
doctrine might have on public opinion in the United States, a doctrine 
propagated by persons who maliciously distort facts, using prevarica- 
tions, complaining of want of liberty, rising against the government of 
their nation, just at a time when all the liberty they could desire, or all 
that was enjoyed by the entire nation, had been granted them — fran- 
chises which the government at Madrid oilers to them again, as soon as 
order shall be restored. 

Neither is the intention of the undersigned to protest against the 
right of American citizens, each and every one of them, to express their 
opinions in any way they please, provided it be in accordance to law, 
for the Spanish people have recently acquired the same right; yet the 
Spanish government, while claiming it for their people reciprocally, is 
no less obliged to comply with the laws and attend to friendly rela- 
tions between nations; otherwise it would think it had not done its duty, 
if it did not publicly declare its religious respect for the sovereignty 
and integrity of a friendly nation. 

Fortunately, the traditions and antecedents of good correspondence 
between the governments of the United States and Spain could not be 
more satisfactory. 

While Spain recalls with grateful pleasure the many occasions, during 
the civil war in the United States, when reciprocal testimonials of 
friendly deference and cordial courtesy were passed between the two 
governments, and that she is perhaps the only nation against which the 
government at Washington has not had occasion to present subsequent 
claims for acts of doubtful neutrality, the American nation ought to re- 
member the noble conduct displayed by the government of President 
Millard Fillmore, in 1851, on an occasion identical with that of the 
present, when a number of rebels conspired against their country by 
organizing fillibustering expeditions in the United States. 

The noble and loyal act of that administration, doing its duty with 
honored frankness, not only toward Spain, but toward its own people, 
showing them how to act without violation of rights, is worthy of being 
mentioned here in a, copy of the proclamation issued on that occasion : 

A PROCLAMATION'. 

Whereas there is reason to believe that a military expedition is about to be fitted out 
in the United States with the intention to invade the island of Cuba, a colony of Spain, 
with which this country is at peace ; and whereas it is believed that this expedition is 
instigated and set on foot chiefly by foreigners, who dare to make our shores the scene 
of their guilty and hostile preparations against a friendly power, and seek by falsehood 
and misrepresentation to seduce our own citizens, especially the young and inconsid- 



16 THE REVOLUTION IN CUBA„ 

Grate, into their wicked schemes, an ungrateful retnrn for the benefits conferred upon 
them by this people in permitting them to make our country an asylum from oppres- 
sion, and in flagrant abuse of the hospitality thus extended to them ; 

And -whereas such expeditious can ouly be regarded as adventures for plunder and 
robbery, and must meet the condemnatiou of the civilized world, while they are de- 
rogatory to the character of our country, in violation of the laws of nations, and ex- 
pressly prohibited by our own statutes, which declare that if any person shall, within 
the territory or jurisdiction of the United States, begin or set on foot, or provide or 
prepare the means for, any military expedition or enterprise, to be carried on from 
thence, against the territory or dominions of any foreign prince or state, or of any col- 
ony, district, or people with whom the United States are at peace, every person so 
offending shall be deemed guilty of high misdemeanor, and shall be fined not exceed- 
ing three thousand dollars, and imprisoned not more than three years : 

Now, therefore, I have issued this my proclamation, warning all persons who shall con- 
nect themselves with any such enterprise or expedition, in violation of our laws and na- 
tional obligations, that they will thereby subject themselves to the heavy penalties de- 
nounced against such offenses, and will forfeit their claim to the protection of this gov- 
ernment, or any interference on their behalf, no matter to what extremities they may ba 
reduced in consequence of their illegal conduct. And therefore I exhort all good citizens, 
as they regard our national reputation, as they respect their own laws and the laws of 
nations, as they value the blessings of peace and the welfare of their country, to dis- 
countenance and, by all lawful means, prevent any such enterprise ; and I call upon 
every officer of this government, civil or military, to use all efforts in his power to ar- 
rest, for trial and punishment, every such offender against the laws of the country. 

Given under my hand the twenty-fifth day of April, in the year of our Lord one 
thousand eight hundred and fifty-one, and the seventy-fifth year of the independence 
of the United States. 

MILLAED FILLMORE. 

By the President : 

W. S. Derrick, 

Acting Secretary of State, 

The undersigned is pleased to believe that a similar declaration is 
now opportune ; and though the Spanish nation does not doubt the cor- 
dial friendship of the United States, yet a public and solemn avowal of 
the inclination and intention of the government to observe the laws and 
preserve justice toward Spain would have the salutary effect of dissi- 
pating false illusions and discouraging dangerous deceptions. 



No. 9. 
Mr. Fish to Mr. Lopez Roberts. 

Washington, April 17, 1869. 

The undersigned, Secretary of State of the United States, has th© 
honor to acknowledge the receipt of the note of Mr. Eoberts, envoy ex- 
traordinary and minister plenipotentiary of Spain, of the 5th instant. 

In this note Mr. Roberts, after stating various circumstances, sets 
forth a proclamation, issued on the 25th of April, 1851, by Mr. Fillmore., 
then President of the United States, and expresses the opinion that a 
similar declaration is now opportune. 

After a careful examination of Mr. Roberts's note, the undersigned fails 
to perceive the necessity, or the propriety at this time, of a proclamation 
by the President of the United States, such as Mr. Roberts desires. 

The publication of an instrument of the character asked by Mr. Rob- 
erts would be the exercise of a power by the President which is resorted 
to only on extraordinary occasions, and when peculiar circumstances indi- 
cate its necessity. Such a power is not to be invoked lightly, or when 
the laws are in unquestioned vigor and efficiency, are respected by all 
persons, and are enforced by the ordinary agencies. 



THE REVOLUTION IN CUBA. 17 

When Mr. Fillmore's proclamation was issued in 1851, the internal 
peace and quiet of the island of Cuba were undisturbed; there was no 
insurrection of its inhabitants, no rebellion or revolution in progress 
within the island against the authority of Spain. There was, however, 
a movement on foot within the United States, indicating the intent of 
certain parties to organize within the territory of the United States an 
armed expedition with the design of invading the island, attempting to 
incite an insurrection, and to overthrow the authority of Spain there. 

Under such circumstances, Mr. Fillmore issued the proclamation re- 
ferred to, giving another instance of the watchfulness and earnestness 
of this government in regard to its obligations to all friendly powers. 

The circumstances of the day are wholly differeut from those which 
made that measure not only proper, but the natural, if not the necessary 
manifestation of the policy and the conduct of this government from its 
organization. A portion of the people of Cuba, for more than six months, 
have been in arms against the government of Spain over that island, 
and they are seeking, as they allege, relief from oppression. How just 
their complaints may be, or what the oppression is from which they de- 
sire relief, the undersigned does not purpose to discuss. He only refers 
to the objects of the insurrectionary party, as that party alleges them 
to be, to illustrate the entire difference between the events existing when 
Mr. Fillmore issued his proclamation, and those which now exist. 

At present this government is not aware of any invasion of the island 
of Cuba, or of any other possessions of Spain threatened from the 
United States, nor is any such believed to be in the course of prepara- 
tion. Mr. Roberts has, on several occasions, intimated to the under- 
signed the existence of individual or private attempts in different parts 
of the country to violate the neutrality laws of the Uuited States. In 
every such instance, as Mr. Eoberts very justly admits in his note, the 
proper officers of the government have been called upon immediately to 
vindicate the supremacy of the law, and no single instance is known or 
is believed to have arisen in which their interference, thus invoked, has 
not been efficient to prevent the apprehended violation. 

The government of the United States has very recently experienced 
the effects of a precipitate recognition of belligerent rights to a revolu- 
tionary movement whose powers of resistance and of endurance were sus- 
tained by the recognition on the part of a government at peace with the 
United States within a little more than two months after the outbreak 
of the insurrection. But having from its very origin been foremost in 
the assertion of neutral rights, and in setting the example of enforcing 
a strict neutrality, this government does not intend at present to depart 
from its traditional policy, but will execute, in good faith, the wise and 
efficient laws that have been enacted for the observance of its inter- 
national duties of neutrality and friendship. 

Individuals, tempted either by the hope of gain or instigated by those 
engaged in the insurrection now pending in Cuba, may be led covertly 
to undertake unlawful enterprises. Such ventures are not confined to 
any one country or to any age. They always and everywhere occur 
with the opportunity. At this moment similar enterprises aimed at 
Cuba are well understood not to be limited to this hemisphere, but have 
also been set on foot in transatlantic countries. 

The proximity of the United States to Cuba has heretofore and must 
continue to tempt reckless and adventurous persons to embark in such 
undertakings. But, in the future, as in the past, every intimation 
from the Spanish government or its agents, of the existence of any de- 
sign of an unlawful enterprise against Spain, will be met by the most 
S. Ex. Doc. 7 2 



18 THE REVOLUTION IN CUBA. 

vigorous interposition of the proper officers of the government, and the 
undersigned has no doubt that such interposition will be sufficient, with- 
out invoking the extraordinary power of the President to issue a special 
proclamation. 

The sympathy of the people of the United States has ever manifested 
itself in favor of another people striving to secure for itself more liberal 
institutions, and the right of self-government; this sympathy recently 
obtained strong expression when Spain threw off an existing oppression 
and placed herself among the more liberal governments of the world. 
It is now enlisted, beyond doubt, and strongly in favor of a more liberal 
government in Cuba than that which the policy of past ages and of the 
deposed government of Spain had fastened upon the people of that 
island, and it cannot be denied that there pervades the whole American 
people a special desire to see the right of self-government established in 
every region of the American hemisphere, so that the political destiny 
of America shall be independent of transatlantic control. This is no 
new desire; it arises from no recent events, nor is it now for the first 
time made manifest. This government has ever been watchful and 
hopeful, but not aggressive; the desire of the American people for self- 
government by others has been, and is, held firmly, but consistently 
with the friendly relations which the United States desire to maintain 
with all other governments, and especially with those who still claim 
control over neighboring possessions. 

The undersignedhas not specially referred to the facts and circum stances 
cited by Mr. Roberts, such as appeal to public opinion, false or exagger- 
ated statements, public meetings, musical concerts, sermons and prayers, 
as indicative of the necessity of the proclamation which he requests. 

The freedom of speech, of the press, and the right of the people 
peacefully to assemble, whether for political purposes or for entertain- 
ments, or to hear sermons, or for prayer, cannot be called in question, 
nor admit of any interference. 

The experience of this country of nearly a century has demonstrated 
the harmlessness of extravagant speech, and even of falsehood, when 
the right of speech and the freedom of the press are untrammeled. 

The government cannot, and will not, attempt to influence the thought 
or the sympathies of its citizens; it will limit itself to the interposition 
of its power against every improper or unlawful exercise of any sym- 
pathies likely to lead to the infraction of its proper obligations to Spain 
and to other friendly powers. 

Having set the example of the most perfect laws of neutrality, both 
in the theory and in practice, the government of the United States will 
continue to administer them in the utmost good faith and with vigor in 
every instance where it shall be duly informed of any threatened viola- 
tion of them. 



No. 10. 
Mr. Sail to Mr. Fish. 

No. 33.] Havana, April 22, 1869. 

During the past few days a number of decrees, many of them very 
lengthy, have been issued by the Captain General of the island, all in 
reference to, or tending to, the confiscation of the property of such per- 
sons as are in any way connected with the insurrection, whether in the 
island or abroad. 



THE EE VOLUTION IN CUBA. 19 

Those decrees are published in the Official Gazette; the most import- 
ant of them is dated 1st instant, but was published for the first time in 
the Gazette of the 10th instant. 

It is not improbable that this decree may be enforced retroactively to 
the prejudice of some of our own citizens, in view of which I herewith 
accompany a translation. 



[Translation.] 

SUPERIOR POLITICAL GOVERNMENT OF THE PROVINCE OF CUBA. 

It is the duty of every govern ment to provide for the security of the territory con- 
fided to its command. 

That of this province, attacked by an unjustifiable insurrection that is depopulating 
and ruining many of the rich districts of the island, makes indispensable the adoption 
of every efficient measure for annihilating the enemies of our nationality by depriving 
them of all the resources upon which they depend for sustaining their aggression. 

With this in view, and the possibility that sales of property may be effected for 
illicit ends, such sales (contratos) are declared, in conformity with our laws, to be null, 
and in use of the extraordinary and discretionary powers with which I am invested by 
the supreme government of the nation, I decree the following: 

ARTICLE 1. Contracts for the sale of immovable and semi-movable (slave) property, 

before going into effect, will from this date be presented to the government for revision. 

ART. 2. In compliance with this disposition, the contracts made in Havana will be 

presented to the secretary of the superior civil government, and those effected in other 

jurisdictions of the island, to governors and lieutenant-governors. 

Art. 3. The presentations referred to will be made by the parties when the contract 
is a private one, and by the notary (escritano) when it becomes a public instrument, 
and before it has beeu drawn up, in the first case, the original document will be pre- 
sented; in the. second, the memorandum (or minutes) of the instrument. 

Art. 4. After the contract has been vizaed by the government it shall not be altered 
or modified in any manner without its (the government's) previous revision, under pen- 
alty of the nullity of the alteration in case of infraction. 

Art. •"). Sales of produce and other articles of commerce for exportation, as also the 
transfer < if shares of corporations and societies, are also subject to the revision referred to. 
Art. 6. In the cases of sales, referred to in the last preceding article, through the 
medium of a broker, the latter will present the contract for revision in the mercantile 
form in which it is extended. If no broker intervenes, the presentation will be made 
by the contracting parties. 

Art. 7. The officers of corporations that are authorized by their respective regula- 
tions bo authenticate transfers of stocks, will effect such transfers with the authoriza- 
tion of the government, and for this purpose they shall render an account of the trans- 
fers proposed by the parties interested, expressing in their communications directed to 
the government the names and residence of the contractors, and the number and value 
of the stocks to be transferred. 

At:t. 8. In order not to embarrass in any manner the sales of real estate and semi- 
movabL (slave) property, and still more mercantile transactions, the government will 
concede or refuse its approbation to the former within four days, and on the sales of 
produee within twenty-four hours from the presentation of the documents. 

Art. 9. All contracts for the sale of everj r description of property made without the 
revision of the government will be null, and private individuals, merchants, brokers, 
presidents and directors of corporations not complying with the stipulations of this 
decree will incur the penalties established by the penal code, comprehended in chapter 
5, title 8, of book 2. 

DOMINGO DULCE. 
Havana, April 1, 1869. 



No. 11. 



Mr. Fish to Mr. Lopez Roberts. 

Washington, April 30, 1869. 
I am instructed by the President to inform you that this department 
has received from the United States consulate in Cuba a decree dated 



20 THE REVOLUTION IN CUBA. 

the first day of April current, and promulgated by the Captain General 
of the island, on the 15th of this month, which virtually forbids the 
alienation of property in the island, except with the revision and assent 
of certain officials named in the decree, and which declares null and void 
all sales made without such revision and assent. 

In view of the intimate commercial relations between Cuba and the 
United States, and of the great amount of American property constantly 
invested there in commercial ventures, as well as in a more permanent 
form, the President views with regret such sweeping interference with 
the rights of individuals to alienate or dispose of their property, and he 
hopes that steps may be speedily taken to modify this decree so that it 
shall not be explicable to the property of citizens of the United States, 
and thus prevent disputes and complaints that cannot fail to arise if its 
execution is attempted as to such property. 



No. 12. 

Mr. Hall to Mr. Fish. 

No. 37.] Havana, April 30, 1869. 

I have the honor to accompany herewith a translation of a document 
published yesterday in the " Diario de la Marina," of this city, as taken 
from the "Redactor," of Santiago de Cuba, purporting to be a procla- 
mation of Count Yalmaseda to the inhabitants of that jurisdiction. 

I have received a letter from the acting consular agent at Manza- 
nillo, dated the 24th instant, from which I take the following extract : 

Since my last report of the 10th instant, I have to advise that Count de Valmaseda 
since the 14th instant, has taken the offensive, and has sent from his encampment, near 
Bayamo, four different battallions to scout the country, pursuing the insurgents in the 
spirit of his proclamation of that date. 



From the Diario de la Marina, April 29, 1869 — Translation. 

The Eedactor, (of St. Jago de Cuba,) in its number of 21st instant, publishes the fol- 
lowing important proclamation of General Count Valmaseda: 

Inhabitants of the country ! The reinforcement of troops that I have been waiting 
for have arrived ; with them I shall give protection to the good, and punish promptly 
those that still remain in rebellion against the government of the metropolis. 

You know that I have pardoned those that have fought us with arms ; that your wives, 
mothers, and sisters have found in me the unexpected protection that you have refused 
them. You know, also, that many of those I have pardoned have turned against us 
again. 

Before such ingratitude, such villainy, it is not possible for rne to be the man that I 
have been ; there is no longer a place for a falsified neutrality ; he that is not for me is 
against me, and that my soldiers may know how to distinguish, you hear the order 
they carry : 

1st. Every man, from the age of fifteen years, upward, found away from his habita- 
tion, (finca,) and does not prove a justified motive therefor, will be shot. 

2d. Every habitation unoccupied will be burned by the troops. 

3d. Every habitation from which does not float a white flag, as a signal that its occu- 
pants desire peace, will be reduced to ashes. 

Women that are not living at their own homes, or at the house of their relatives, will 
collect in the town of Jiguani, or Bayamo, where maintenance will be provided. Those 
who do not present themselves will be conducted forcibly. 

The foregoing determinations will commence to take effect on the 14th of the present 
month. 

EL CONDE DE VALMASEDA. 

Bayamo, April 4, 1869. 



THE REVOLUTION IN CUBA. 21 

No. 13. 
Mr. Fish to Mr. Lopez Roberts. 

Washington, May 10, 1869. 

I have the honor to inclose a copy of a proclamation said to have been 
issued by General Count Valmaseda, in Cuba. 

In the interest of Christian civilization and common humanity, I hope 
that this document is a forgery. If it be indeed genuine, the President 
instructs me, in the most forcible manner, to protest against.such a mode 
of warfare, and to ask you to request the Spanish authorities in Cuba 
to take such steps that no person having the right to claim the protec- 
tion of the government of the United States shall be sacrificed or injured 
in the conduct of hostilities upon this basis. 

[For proclamation above referred to, see inclosure to dispatch No. 37, 
from Mr. Hall to Mr. Fish, April 30, 1869, ante.} 



No. 14. 



Mr. Fish to Mr. Hale. 
No. 158.] May 11, 1869. 

I inclose for your information a copy of a note to the Spanish minis- 
ter at Washington, dated April 3d,* relative to a proclamation by the 
Captain General of Cuba, for the detention, search, and seizure of neu- 
tral vessels on the high seas. The British government have furnished 
us, through Mr. Eeverdy Johnson, with a copy of their instruction, by 
telegraph, to the British minister at Madrid, to protest against this 
proclamation. I am happy to be able to add that we have intelligence 
that the proclamation has been modified. 

I further inclose a copy of another note to Mr. Boberts, of the 10th 
instant, protesting against the infamous proclamation of General Count 
Valmaseda, of which a copy accompanies it. You will please make 
similar representations to the Spanish government. 



No. 15. 

Mr. Hall to Mr. Davis. 

No. 56.] HAVANA, May 18, 1869. 

I have the honor to accompany herewith a copy of a letter this day 
received from * * * *, Nuevitas, giving account of late military opera- 
tions in that vicinity. 



Mr. ****** to Mr. Rail. 

Neuvttas, May 14, 1869. 

The train arrived here on the 12th instant, having left Puerto Principe on the 9th. 
It was three clays coming down a distance of forty-eight miles, guarded by over two 

*For this see ante, No. 6. 



22 THE REVOLUTION IN CUBA. 

thousand troops. On their way to Puerto Principe they were thirteen days, the rebels 
harrassing the column continually, and burning down the bridges ahead of the column. 
At Alta Gracia the insurgents made a stand to dispute the pass of the troops, in which 
engagement the Spaniards had four officers and twenty soldiers killed, and forty 
wounded — amongst the officers hilled, a lieutenant colonel. The whole line of the rail- 
road is occupied by troops to prevent the insurgents from damaging the road. 

The insurgents have established a government at Guaimare. Carlos Manuel Cespe- 
des is the president, Francisco Olguilera, vice-president, and General Manuel de Quesada 
general-in-chief of all the rebel forces. They have formed a regular legislative body, 
and have passed an act to ask our government to admit them into the Union. I have 
been informed that documents to this effect have been forwarded to their so-named 
minister in the United States, Mr. Morales Lemus, to present them to our government. 

The Spaniards are full of hopes, thinking that the rebellion must soon succumb. 
But, on the other hand, the rebels are sanguine of success, always expecting aid from 
the United States. I do not see that the Spaniards gain more advantages than hereto- 
fore, holding what ground they occupy militarily, and nothing more. It is true that 
the railroad to Puerto Principe will give them the great advantage of supplying that 
city with provisions. But the whole line has to be guarded by troops, it taking three 
or four days to get the train through, a distance of only forty-eight miles. 



No. 16. 
Mr. Plumb to Mr. Fish. 

No. 15.] Hayana, May 28, 1869. 

As there may be no more reliable means of obtaining an idea of tlie 
trne situation of a country experiencing' political disturbances than a 
study of the measures adopted by the established government, in its en- 
deavors to repress such movements, I beg to inclose to you herewith 
translations which I have caused to be made of two decrees of consid- 
erable importance, which have been published here within the past few 
days. 

The first, inclosure No. 1, is the official sanction by the home govern- 
ment at Madrid, under date of 27th ultimo, of an arrangement made by 
the Captain General of this island, in February last, with the Spanish 
Bank of Havana, in connection with various Spanish capitalists of this 
city, for a credit to be drawn against, at pleasure, by the Captain General, 
of eight millions of dollars, reimbursable to the bank from the proceeds 
of certain extraordinary war taxes and exjjort duties imposed by the 
decree. 

This credit, I have heard, is now about exhausted, three months hav- 
ing elapsed. What the amount realized towards its reimbursement has 
been, I am not informed. 

The principle set down in this measure by the home government is, 
that the island must pay the expenses arising from its present situation. 

The second, inclosure No. 2, is a decree or circular order, issued on 
the 24th instant, by Captain General Dulce, directing the seizure of all 
horses on the estates within a certain district, comprising the eastern 
portion of the western department, or half division of this island. 

The order is apparently designed both to deprive the insurgents of a 
resource they are now using, and to aid the Spanish forces to more rapid 
military movements. At the same time the measure would seem to bear 
hardly upon both loyal and disloyal estate owners alike. 



THE REVOLUTION IN CUBA. 23 

[Translation.] 
DEPARTMENT OF ULTRAMAR. — DECREE. 

In view of the communication of the 24th of February last, in -which the- superior 
civil governor of the island of Cuba gives account of the resolution which, in the char- 
acter of provisional, he issued by decree of the 22d of that month, and which appears 
published in the Gazette of Havana of the following day, establishing an export duty, 
an increase in the import duty, and another increase in industrial and commercial 
taxes, in order to meet the extraordinary expenses caused by the insurrection in the 
said island ; 

In view of the decree referred to, issued at Havana, on the 22d of February last; 

In view of the act of the meeting of contributors, held before the superior civil gov- 
ernor of the island of Cuba, signed by Messrs. Juom Poey, Julian deZulueta, Edwardo 
A. Mijares, the Marquez of Cauepo Florido, Mamesto Pulido, Rafael R. Foriees, Juan A. 
Calome, Augustin Saavedra, Manuel de Armas, Jose E. Moret, J. M. Zaugroniz, Fran- 
cisco Talonie. and Pedro Sotolongo, from which it appears that the opinion unanimous- 
ly adopted, was that of entering into an agreement with the Spanish Bank of Havana, 
by which the latter should loan to the government of the nation, and in its name to the 
superior civil governor of the island, the sum of eight millions of dollars, according as 
the same might be successively called for, in currency of the class which it at present 
has in circulation, to be reimbursed weekly with the proceeds of the increased duties 
before mentioned, the bank relinquishing interest or remuneration for the advance; 

Considering the urgency of procuring resources for military operations, to which for 
the moment it is indispensable to resort for the re-establishment of peace in that prov- 
ince, is an imperative reason which should excuse the superior authority of the 
island from limitation to the rules established for proceedings of public interest under 
ordinary circumstances. Considering that it is of high and transcendental importance 
that the extraordinary expenses imposed by the present situation of the island of Cuba 
shall not be raised entirely by an operation of credit, but that, on the contrary, they 
be covered by resources equally extraordinary, raised by the country itself; 

Considering that similar motives of a peremptory and urgent character, as those 
which justify the proceeding of the superior civil authority of Cuba, excuse the omis- 
sion of consultations and formalities established by the legislation in force for affairs 
of this nature under normal circumstances; 

The executive power, in council of ministers, has thought proper to decree the follow- 
ing : 

Article 1. The. project of agreement entered into between the Spanish Bank of Ha- 
vana and the committee of the industrial and commercial proprietors, to which the 
communication subscribed by the individuals composing the same, of the 12th of Feb- 
ruary last, refers, is approved, the bases of which are the following : 

1. The obligation or agreement on the part of the bank to deliver to the government 
of the nation, and in its name to the superior civil governor of the island of Cuba, ac- 
cording as the same may be asked for, up to the sum of eight millions of dollars in cur- 
rency of the class which the said institution has in circulation. 

2. The relinquishment on the part of the bank of all interest or remuneration on ac- 
count of the advance referred to, limiting itself to obtain from the government the re- 
imbursement of the expense occasioned by the different issues of bank bills which it 
may be found necessary to make on account of this negotiation, and the loss which may 
be caused to it by the reduction of its bills to the coin which may be asked from it by 
the treasury. 

3. For the reimbursement of the eight millions, and the other sums for which, under 
the foregoing basis, the government may become indebted, a temporary war tax shall 
be levied, which shall commence to be in force from the 1st of March of the present 
year, and will terminate precisely at the moment that said engagements shall have 
been covered. 

4. The proceeds of the said tax be paid weekly into the administration of the bank, 
and under no circumstances shall they be destined to any other attention or purpose. 

5. The bank is authorized to issue bills of ten and five dollars, in sufficient sums for 
the necessities of circulation, recommending at the same time to the classes represented 
by the acting committee, that they oblige themselves to receive the bills of the bank in 
all forms of payments. 

6. The restriction to ten dollars per person of daily exchange of bills for specie, in 
order to facilitate to the bank the issue of the new bills, indispensable in the present 
negotiations. 

Article 2. In accordance with the foregoing agreement, the decree of the superior 
civil governor of the said 23d of February is approved, by virtue of which from the 1st 
of March last, the following extraordinary war taxes are imposed : 

1. An export duty to be exacted by all the custom-houses of the island, at the time 
of export for Spain or foreign ports, of fifty cents on eacli box of sugar ; one dollar and 



24 THE EEVOLUTION IN CUBA. 

two and a half cents on each hogshead of brown sugar; one dollar on each bale of leaf 
tobacco ; fifty cents per one thousand on manufactured cigars. 

2. An additional tax of five per cent, on the amount of the present import duties, 
which shall also be collected by the custom-houses. 

3. For one sole time during the present fiscal year, an additional tax of twenty-fiye 
per cent, on the quota for the treasury of the contributions on industry and commerce, 
excepting those contributors whose quotas are less than two hundred and fifty dollars 
per annum. 

Article 3. The minister of ultramar will issue the proper orders for the execution of 
the present decree. 

ADELAKDO LOPEZ DE AGALA, 

Minister of Ultramar. 
Madrid, April 27, 1869. 



[Translation. — Official.] 
SECTION FIRST. — SUPERIOR POLITICAL GOVERNMENT OF THE PROVINCE OF CUBA. 

[Circular.] 

Under date of the 14th instant his excellency the Captain General says to me what 
follows : 

Excellent Sir : Under this date I say to the commanders general of operations at 
Santaclara and Sancti Spiritus, as follows : 

Excellent Sir : In order to take away from the insurgents the means of providing 
themselves with horses from the sugar estates, pasture grounds, and other farms in the 
country, whether delivered by owners who sympathize with their disreputable cause, 
or who may be forced to give them up from the natural fear that their proper- 
ties may be burnt, I have thought proper to direct that your excellency order the 
military commanders, chiefs of columns, to collect all serviceable horses and mares 
which may be found upon all the farms that are not sufficiently guarded, in order to 
avoid their beiug taken away by the insurgents. In the execution of this measure, de- 
tails and lists should be made out with the just price of every animal that is to be de- 
livered by the owners, or may be gathered, leaving duplicate accounts signed by the 
commissioners and attested by the chief of the column or the military commander, 
one of which must be kept by the chief, and the other remitted to the respective lieu- 
tenant governor. The horses will be used by the columns for baggage trains, spare 
ammunition, allowances, and equipments, and to mount the force so as to be able to go 
in pursuit of the insurgent parties in the same manner that they move, that is, mounted, 
and by this means the persecution will be more active, and will give the desired re- 
sults. Your excellency will dictate the most decisive warning, so that this disposition 
may be fulfilled with the due formalities, in the understanding that whatever claim 
may be made of me for informalities in operation, I am disposed to demand of the 
chiefs the most rigid responsibility, without any complicity whatever, in a measure 
that affects so much property that must always be respected, and that only in the ex- 
treme circumstances in which the island finds itself, and the destruction of the parties 
obliges me to take for the prompt pacification of the invaded territories. The horses 
which the columns do not require will be remitted to the headquarters in order that 
the lieutenant governors may keep them in a close and secure pasture ground at a 
place where warlike preparations are being made, or upon proprieties that are defended, 
which owners will make use of them, and to whom an account will be given of those 
which are delivered to them, brought forth from the general records in order that they 
may be responsible for them whenever claimed for. 

1 give an account of this disposition to his excellency the superior political gov- 
ernor, in order that he may, on his side, give the respective instructions to the lieu- 
tenant governors, giving them, also, his instructions, so that they may send a copy of 
the detailed and estimated lists to the proper authority, in which they will explain in 
a clear and distinct manner the destination given to each horse, so that the animal or 
its value may be claimed at any time from the person to whom it may be intrusted. 
The chief of the columns will remit to my authority the detailed and estimated list of 
the horses which may remain at his charge from any source, with the name of the own- 
ers to whom they belong, that of the farm, &c, in order to record the due responsibil- 
ity, having a special care to give information of the increase or decrease that may occur 
resulting from combats with the enemies, on the uuderstanding that the surplus will 
have also the destination already mentioned, making out a list of those so seized. The 
decrease of those which happen to die or remain useless in the battle-field, should they 
not be replaced with those which are seized, will be claimed at the stations which are 
established, the commissioners of which will deliver them with the due formalities, 



THE REVOLUTION IN CUBA. 25 

under receipt, expressing the signs, estimate, value, owner, &c., in order to guide them- 
selves when they are claimed for. All which I say to your excellency for your punc- 
tual accomplishment, expecting, from your careful observance, that you will take all 
such measures as to avoid the abuses, which, unfortunately, are very frequent in this 
sort of measure, which I am disposed to.repress with strong arm, and which will second 
your proper dispositions, which I have the honor to transmit to your excellency for the 
effects expressed, doubting not that a measure of the kind will be seconded by your 
authority, tending to the prompt pacification of the island, in which all good Spaniards 
and the sensible persons of the country are interested ; which I transmit to your excel- 
lency for your knowledge and the most exact fulfilhneut in the post which concerns 
you, bearing in mind that I will demand the most strict responsibility from all whom 
it may concern, should the least abuse happen to be committed, or if for want of scru- 
pulousness or careful observance on the part of the functionaries to whom it may con- 
cern, to intervene in the collection or custody of the horses gathered and delivered, 
well-founded claims on the part of the proprietors should be occasioned. 

God preserve your excellency many years! Havana, May 24, 1669. 

DOMINGO DULCE. 

To Lieutenant Governor 

Of Santa Clara, Cienftiegos, Remidios, Trinidad, Sagua, Saficto Spritus, Malon. 



No. 17. 

Mr. Phimb to Mr. Fish. 

No. 20.] HAVANA, June 2, 1869. 

Under pressure from the volunteers, General Dulce this morning re- 
signed his command as Captain General of this island in favor of the 
second in command, G eneral Espinar, and leaves for Spain to-morrow. 



No. 18. 
Mr. Hall to Mr. Fish. 

No. 95.] Matanzas, June 3, 1869. 

The lawless example of the Havana volunteers in deposing General 
Dulce has been quickly followed by those of this place, who last night 
forcibly deposed Brigadier Lopez Pinto, duly appointed by the provis- 
ional government of Spain, as governor of this important jurisdiction. 
The governor incurred the enmity of these volunteers some weeks ago, 
in refusing to accede to their demand for the surrender of an individual 
named Manuel Despau, who had made himself conspicuous, as well as 
obnoxious to the volunteers on account of his insurgent proclivities, and 
was captured on board of a vessel in the harbor, when about leaving the 
island. 

No one outside of the volunteers pretends to doubt his being an 
efficient, intelligent, and humane officer, disposed to do justice to all in 
the exercise of his authority, and as far as I can learn, it would seem 
that aside from the affair above referred to, his only offense is his per- 
sonal friendship for General Dulce. 

At about nine o'clock last evening, the volunteers began to collect in 
the square fronting the palace, evidently by preconcerted arrangement. 
At about two o'clock a committee, composed of the senior officers of the 
different battalions, called on the governor and demanded his resignation, 
which after some parleying and several communications passed between 
the committee and the corps of volunteers that were formed in the 



26 THE REVOLUTION IN CUBA. 

square, was acceded to by the governor, and the command surrendered 
to Colonel Domingo Leon, of the regular cavalry, and next in rank. 
The volunteers also demanded and obtained the displacement of the 
political secretary, Enriquez, and the chief of police; substituting others 
of their own selectiou. It appears to be a part of their programme to 
displace every Cuban holding any official position whatever, as 'also 
every "peninsular" Spaniard whose family connections might lead him 
in any way to sympathize with the natives of Cuba. 

Nearly all of the municipal and many of the subordinate custom-house 
offices are held by Cubans. 

The Matanzas volunteers number about two thousand five hundred 
men. There are among them many persons of respectability and influ- 
ence, but in the ranks there are some of the worst elements of the Spanish 
(peninsular) part of the population — men of brutal and sanguinary 
instincts, that would, if left to themselves, riot in fire and blood. For- 
tunately, up to the present, the occurrences referred to have passed off 
quietly, save the insulting epithets and "mueras" that were applied to 
the deposed officials by the tumultuous volunteers. There is a wide 
belief that in some way General Lersundi is responsible for these demon- 
strations; that through him certain parties at Havana instigated the 
volunteers at that place to depose General Dulce, having previously 
attempted to force his resignation by thwarting every conciliatory meas- 
ure that he would have adopted. It is believed also that the movement 
initiated at Havana, and imitated here, will be repeated at other places 
of the island, until all the principal positions are in the hands of his 
adherents; and finally, that the movement is in the interest of Dona 
Isabel II, and favorable to her restoration to the Spanish throne. I refer 
to these as among the many rumors now circulating here, without 
vouching for their truth. 

As a natural consequence of these demonstrations, an unusual alarm 
prevails among the Cuban and foreign population of the place. Neverthe 
less, I have the statements of influential Spaniards that it is unfounded, 
and that there will be no further disorderly demonstrations, but of this 
I am confident that they cannot give any assurance. 

Colonel Leon, the governor, is well known here, having discharged 
the duties of the same position, when vacancies have occurred at differ- 
ent periods during the past four or five years. His private character 
is unexceptionable, but it is to be doubted whether his influence with 
these volunteers would suffice to prevent excesses in emergencies 
requiring the exercise of strong authority, which are sure to arise. 

fl* W 9p * * w 4r ** * 



No. 19. 

Mr. Plumb to Mr. Fish. 

No. 23.] Havana, June 4, 1869. 

On the 2d instant, a Captain General of Cuba was displaced from his 
command by the resident Spaniards of the island. This event, without 
precedent here, opens an epoch in the history of this Spanish possession. 
Some fifty years ago a similar event occurred in Mexico. An insurrection 
had been for some time in progress there, and either induced by the 
course of events at home, or from dissatisfaction at the conduct of the 
war, the resident Spaniards deposed the viceroy. A new viceroy 



THE EEVOLUTION IX CUBA. 27 

was sent out, but arrived too late, and no other representative of the 
mother country ever succeeded to the place. The resident Spaniards 
there, as soon as they cut loose from entire obedience to the home author- 
ity, turned the scale in favor of independence. 

Their design was to control local affairs themselves, but they were 
soon swallowed up in the greater number of the Creole population. 

So here, an insurrection has been for some time in progress, commenced 
and sustained solely by the Creole population. The Spanish residents of 
the island, probably both from the effect of events at home and from dis- 
satisfaction at the conduct of the war, have been for some time, if I rightly 
judge, inclining to the idea of taking the management of affairs here, in 
the name of the mother country, more or less into their own hands. 
They are residents, identified to a great extent with the prosperity of the 
island, having their business and their property here, and, as the island 
has to pay its own expenses, contributing largely, many of them, to the 
burden of the support of the war, both by their money, and now by their 
time as volunteers. They desire to see the war ended, and to have the 
former tranquillity, upon which their prosperity depends, restored. 

They may believe, especially as liberal institutions are urged in Spain, 
that they have as full right and are as capable to manage the affairs of 
the island, of which they are the loyal residents, as officials without any 
local interests or responsibilities, sent out from home to make their fortunes 
from the public revenues, not in commerce and industry, here. Yet, until 
now, the resident Spaniards in business or having property here have 
had little more chance than the native Cubans to participate in the gov- 
ernment of the island. All the offices, mainly, have been filled by fre- 
quently renewed officials, sent out for that purpose from Spain. The 
consequence has been that the public burdens are felt to be unnecessa- 
rily increased, and now the feeling has been engendered that the military 
operations against the insurrection have not been energetically conducted 
by those who, if they fail here, not having any identification with the 
island, simply return home to the mother country, leaving the Spanish res- 
idents to their fate, or, in some instances, it may be believed, that these 
officials have been too lenient, or have inclined too much in favor of the 
insurrection, which, if it is successful, would place the control of the 
island in native Cuban rather than resident Spanish hands. 

At the same time there is an under-current of serious difference in the 
Spanish views. Some of the Spaniards resident here incline to the 
liberal reforms now proposed in Spain. Others cling to the old monar- 
chical institutions. Some, perhaps an influential party, would like to 
see Isabella or the Bourbon dynasty restored, and may dream of yet pre- 
senting her with the jewel of this rich possession; and the clerical in- 
fluence may have considerable weight. Yet there is, apparently among 
the reflecting portion of the Spanish residents, a consciousness of the 
grave peril of any separation from the line of due recognition of the 
legitimate authority of the home government. 

Be all these considerations as they may, the rubicon has now been 
passed, and by a demonstration of the volunteers of this city on the 
night of the first instant, for which, however unpremeditated and unor- 
ganized it may have been, the Spanish residents are responsible, Cap- 
tain General Dulce, as is publicly and fully known, was forced at once 
to resign the command of this island, as the representative of the govern- 
ment of Spain. 

By his resignation, signed on the morning of the 2d instant, he trans- 
ferred the command, not of his own free will, but at the demand of a 
committee of the officers of the volunteers, to the second in authority on 



28 THE REVOLUTION IN CUBA. 

the island, and not because be was the second in the line of legitimate 
authority, or was more especially satisfactory to the volunteers or to 
Spanish sentiment, but because General Dulce, the representative of the 
home government, was not satisfactory, and to save appearances, and 
preserve, as far as possible, the line of legality, the second in command 
was mutually agreed upon. A little later, the officer so selected may 
be deemed unsatisfactory to the Spanish residents, or to their material 
expression in force, the volunteers, and may be in his turn set aside; 
and so even a new Captain General, sent out from Spain, may be rejected. 
At the same time it should not be understood that in these steps the 
Spanish residents are in entire accord. They are, however, necessarily 
acquiescent, and have, as a body, to bear the responsibility. 

My predecessors have informed the department of the extension given 
by the recent Captain General Lersundi, the predecessor of General 
Dulce, after the present insurrection commenced, in the absence of suf- 
ficient troops from Spain, to an organization that had been in existence 
here since the time of the Lopez expedition, when it was originated to 
aid in the defence of the island, of local militia, called volunteers, com- 
posed of the Spanish residents of the island, who, coming to the island 
mainly as young men to seek their fortune by industry or commerce, 
furnish a larger proportion than usual of able-bodied, stalwart, and, 
after a little time, acclimated men. 

These organizations of local militia, perhaps confined heretofore to 
four or five regiments in this city, and one or three in some of the other 
principal towns of the island, have remained since the motive of their 
creation, at the time of the Lopez expedition x)assed, without special 
purpose or importance, and without power or other duty than that of 
occasional parade. 

When the present insurrection broke out, however, General Lersundi 
found himself obliged to confront it with but about five thousand regu- 
lar Spanish troops then on the island. He felt compelled, therefore, to 
call for assistance upon the loyal Spanish residents of the island. The 
existing volunteer organizations formed a convenient nucleus, which, by 
the creation of new regiments and the extension of the system generally 
to all the towns on the island, has now placed under arms, and in a 
condition for effective local service, a body of about ten thousand men 
in this city, and perhaps thirty thousand men altogether, upon the 
island, which can easily be increased in this city -to a considerable 
extent. 

These volunteers, as I understand, have mainly furnished their own 
arms and uniforms, and serve, when on duty, without charge for their 
time. 

It was not originally understood that they were to go to the field, 
and they are reluctant to do so, but a few regiments from this city and 
other places have, however, been sent. 

As the regular troops that were here, and those that have since 
arrived from Spain — say twenty- five thousand in all, have been sent to 
the field, the militia or volunteers have taken their places in doing duty 
as guards in the fortresses of the Morro, the Cubanas, and others here, 
and at the palace. 

At the present time, beside a small regiment of cavalry, there are, as 
I understand, only some two or three hundred regular troops in this city. 
Thus, for the power to enforce his authority in this city, and to a greater 
or less extent in the towns on the island, the Captain General, the rep- 
resentative of the government of Spain, has had to depend, not as here- 
tofore, upon the military arm of Spain, represented by a body of regular 



THE REVOLUTION IN CUBA. 29 

troops, but upon the Spanish residents of the island, voluntarily organ- 
ized into local militia. 

Necessarily, in the haste and the need of the recent increase of 
this organization, it has become composed largely of a very different 
material from the elite of the young men among the Spanish residents, 
which made the organization in past times, it is said, similar in compo- 
sition to some extent to the seventh regiment of the city of New York. 
While the colonels of the volunteers are nearly all men of position and 
wealth, as are also many of the other officers and of the privates, there 
is also much of a reckless and turbulent element over which the officers 
frankly confess they have but little control. 

The feeling among the volunteers is intensely Spanish, and there is 
great hatred and bitterness against the Cubans. Until after General Ler- 
sundi left, at the beginning of January last, no demonstrations were 
made by the volunteers. The liberal policy at first inaugurated by his 
successor, General Dulce, however, greatly incensed them, and was very 
unsatisfactory to the Spanish residents generally. They believed only 
in severe measures against the Cubans, or the insurgents, which are con- 
sidered here as almost identical terms. The feeling of hatred extended 
also, it is said, to Americans, who were supposed to sympathize espe- 
cially with the insurrection. 

General Dulce is said to have believed that by making liberal propo- 
sitions, giving amnesty, and the adoption of liberal measures, he could 
induce the Cubans who had revolted to return to their allegiance. It 
is also said that he was informed by leading Cubans that if he would 
concede the independence of the island they would unite cordially with 
the Spanish residents in its self government. But separation from the 
mother country General Dulce refused, and the Cubans, either not 
putting faith in the efficiency or probable continuance of the liberal 
reforms promised by the new government at Madrid rejected entirely 
all the propositions he made to them. 

General Dulce then withdrew his proclamation of amnesty and entered 
upon the opposite course. But it has appeared that he has been unable 
fully to regain the confidence of the Spanish residents, and there has 
been much murmuring at his alleged clemency, and latterly, at what was 
charged as the inefficient prosecution of the war against the insurgents. 

My own opinion is that General Dulce is entitled to great credit for 
the extent to which he has held out, in the face of great difficulties and of 
personal peril to himself, against the pressure upon him for the adop- 
tion of more sanguinary measures. 

In January last, shortly after the arrival of General Dulce, while there 
were yet large numbers of Cubans, openly sympathizing with the insur- 
rection, still remaining in this city, the volunteers, on the occasion of 
some performance having the effect to excite partisan political passion 
on the side of the insurrection in one of the theatres here, on the second 
night of the performance made an indiscriminate attack upon the 
audience in the theatre, composed largely of Cubans, many of whom 
must have been armed, as some shots were returned by them and a 
large number of revolvers, it is stated, were found thrown under the 
seats of the theatre when the audience had been driven out. General 
Espinar, now named as Captain Geueral, it is said, deserves credit for 
his energy in terminating this demonstration. A few nights afterwards, 
while the excitement still continued, the volunteers, who own their 
arms and carry them to their houses, collected in large numbers 
near the Louvre, a popular coffee-house, having a large open saloon on 
the ground tioor, frequented in the evening by hundreds of people taking 



30 THE REVOLUTION IN CUBA. 

refreshments, and under the alleged provocation of a shot from the roof 
of the house, made an attack upon the place, firing indiscriminately into 
the crowd. Several lives were then lost, as on the previous occasion, 
and among them one American, who happened to be passing by. 

Afterwards, the same night, the volunteers sacked the house of Mr. 
Miguel Aldaina, a wealthy Cuban, who was supposed to sympathize 
with the insurrection. Officers finally interfered and succeeded in quelling 
the disturbance. General Dulce, on this occasion, issued a proclamation 
severely reproving the volunteers for their conduct, but I have not 
heard that any due punishment has been meted out. 

Some time afterwards, on the occasion of the execution of two insurgents, 
cries in favor of the insurrectionary leaders by one of them led to instan- 
taneous firing upon him and upon the crowd present by the guard of 
volunteers, and a number of persons were killed. 

On another occasion, upon the occurrence of a sudden excitement, 
shops were hastily fired by armed volunteers and several lives were 
sacrificed. 

At an early period this insubordination also found expression in cries 
from bodies of the volunteers, in front of the palace, of death to the 
Captain General, and the feeling that, in the absence of regular troops, 
the reins of control over the volunteer force were entirely lost by 
General Dulce, has caused wide-spread anxiety, it is said, even among 
the Spanish residents themselves. 

When a large number of prominent Cubans and supposed sympathiz- 
ers with the insurrection, who had been arrested by the Captain General 
and had been held for some time in confinement in the Cabanas fortress, 
were about to be sent to Fernando Po, General Dulce found great 
difficulty in effecting their departure, from the opposition of the volun- 
teers, who demanded more general executions. As the volunteers have 
to be relied upon to perform guard duty at this as well as the other 
fortresses, it required great delay and management as well as much reso- 
lution to effect the extrication of these prisoners and their safe embar- 
cation, as is currently reported. 

Similar difficulties have been met with in effecting the release of other 
prisoners from time to time, and on several such occasions the volun- 
teers have given expression to their dissatisfaction by cries afterward, 
when being dismissed in front of the palace, of death to the Captain 
General. \ 

Recently, since my arrival here, such demonstrations have been re- 
peated. On Sunday morning, the 23d ultimo, according to public report, 
after the sailing of the Spanish steam frigate Carmen for .Spain, having 
on board the Cuban prisoners captured on the English vessel, the Gal- 
vanic, was known, some companies of volunteers, on being dismissed in 
front of the Captain General's palace, after serving on guard duty during . 
the night at the Cabanas where the prisoners had been confined, gave 
way to their insubordinate demonstrations by crying death to the Cap- 
tain General, and on being remonstrated with by their colonel, crying 
death to him. These prisoners, who were sent to Spain to serve out their 
sentence there, it is taken, were taken from the fortress in the night and 
with great difficulty. 

It appears to be considered here that sending a prisoner to Spain is 
equivalent to his early release, and this is objected to by the volunteers, 
who have demanded executions instead. 

In this instance, again, General Dulce acted humanely, at apparently 
great personal risk to himself. 



THE REVOLUTION IN CUBA. 31 

On the evening of the 31st ultimo, numbers of volunteers collected in 
front of the hotel where he was supposed to be stopping, and gave vent 
to cries against him, which, on not finding him, they repeated in front 
of the palace, charging him with being a traitor and demanding that he 
be given up to them. The small regular cavalry patrol was at once 
placed on duty, and further disturbance for that night prevented. 

The following day, however, it now appears, the excitement among 
the volunteers increased, and in the evening they commenced assem- 
bling, in large numbers, in the part of the city outside the walls. Here 
the larger portion of the force remained, while detachments proceeded 
to the palace, the custom-house, and other points, which latter remained 
occupied at daybreak. 

The gathering and the excitement produced its work, and the cries 
now turned against the Captain General. The latter had meanwhile 
placed on guard at the palace the little body of some two hundred reg- 
ulars, which, with the small cavalry force, was all he had to depend 
upon, and even these it appears, according to the accounts, refused to 
obey his orders when he instructed their colonel, as it is said, to fire 
upon the volunteers. 

1 am informed that all in the palace passed a sleepless night amidst 
the greatest alarm and excitement. A collision was only averted, it 
would appear, by the smallness of the regular force, and the refusal of 
their officers to fire upon the volunteers. During the night or early in 
the morning the action of the volunteers rose with their opportunity 
and took the form of demanding the immediate relinquishment by Gen- 
eral Dulce of his command as Captain General, and his instant depart- 
ure for Spain. 

Reports add that a committee was formed composed of a number of 
the colonels and other officers of the volunteers, of which the captains 
were the organ, who waited upon the Captain General and presented 
their ultimatum. The struggle of the night was as to whether this de- 
mand be acceded to or not. It was necessarily ended but one way, 
and early in the morning General Dulce signed his resignation as Cap- 
tain General in favor of the second in command, General Espinar, desig- 
nated, it is stated, not from any special preference for him on the part 
of the volunteers, but from the desire of both parties to preserve, as far 

as possible, the forms of legality. 

######### 

About ten o'clock in the morning the result was announced to .the 
companies of volunteers about the palace, who gave cheers and then 
quietly dispersed to their homes, the usual company resuming duty at 
the palace, as if nothing had happened. 

The news was also communicated to the volunteers formed outside, 
who were then dismissed, and the city by noon presented no evidence 
that any event of more than usual importance had occurred. 

Fortunately, so far as I have learned, not a single shot was fired, nor 
any act of personal violence committed. The odds were so overwhelm- 
ing that a collision would have been madness. The naval force at hand 
could not have been resorted to except under the certainty of vastly 
complicating the situation for the Spanish interest, and it is stated on 
very good authority that the sailors on the Spanish men-of-war in port, 
who are frequently on shore, as also a considerable portion of the Span- 
ish regular troops on the island, fraternize to such an extent with the 
volunteers as to render their services against them entirely unavailable. 

At the same time I am informed that all of the colonels of the volun- 



32 # THE EE VOLUTION IN CUBA. 

teers opposed the proceedings against General Dulce, but were obliged 
to yield to their men. 

The foregoing, so far as I have gathered from the sources of informa- 
tion at my command, are the facts regarding the change that has taken 
place in the command of this island. 

In the afternoon of the 2d there appeared in the Gazette the official 
notice of General Dulce's transfer of the command to General Espinar, 
which I have inclosed with my dispatch No. 22. 

On its face, General Dulce having power to so transfer his command, 
the transfer appears legal; but the facts are as I have stated, and in 
their light the importance of the event, in its effect upon the destinies 
of the island, can hardly be overestimated. 

My own impression is, that the action of the volunteers in extorting 
the immediate resignation of General Dulce was not altogether premed- 
itated ; but there are many evidences of serious differences in the Span- 
ish councils here, and there are doubtless influences opposed to the 
present order in Spain which are actively at work, as well as, on the 
other hand, some secretly favorable to the cause of the insurrection. 

To the latter the event of the 2d is, even by some of the resident Span- 
iards, I am informed, admitted to be a great moral gain. They — the 
insurgents — rebel against all control of the mother country. The act 
of the 2d by the volunteers was the setting aside of a portion of the 
authority of the home government. The difference is not in kind, but 
in degree. 

The tendency now must be to entire severance, on the part of the 
Spanish resident force, from the authority of the government at Madrid. 
Whether this maybe with the object of favoring the restoration of the 
Bourbon dynasty in Spain, or simply for the purpose of local self-con- 
trol, to secure the direction of affairs here in the hands of the Spanish 
resident population, the effect cannot but be to render the probability 
of the restoration of security and tranquillity on this island more remote. 



No. 20. 
Mr. Plumb to Mr. Fish. 

No. 49. J Havana, June 24, 1869. 

I beg to transmit to you herewith copy of a letter, under date of the 
18th instant, which reached me yesterday from Mr. E. A. Phillips, acting 
United States consul at Santiago de Cuba, giving information of the 
summary execution at that place of a citizen of the United States. 

The circumstances of the case, as also the situation of affairs at that 
place, are so graphically described in Mr. Phillips's letter, that it is not 
desirable I should attempt to recapitulate them here. I await such 
instructions as you may deem it necessary to give me in the premises. 



Mr. Phillips to Mr. Plumb. 

Santiago de Cuba, June 18, 1869. 
1 have the honor to inform yon that a few days since the American schooner Grape 
Shot, from New York, landed men and munitions at Baitiquiri, near Guantanamo, and 
after a few days had an encounter with the Spanish troops ; the Cubans, after sustain- 



THE REVOLUTION IN CUBA. 33 

rag themselves three hours, lost their commander, George Smith, a citizen of the United 
States, and retired into the interior, leaving a few Africans to the mercy of the Spanish 
troops. On Tuesday, 13th, the English vice-consul sent rae a note stating that an 
American prisoner Lad just passed his consulate for the city prison, and in a few 
minutes I received a dispatch from the governor, notifying me of the same. I immedi- 
ately called upon this authority, who gave me a pass to the prison, where I could have 
a public or private interview with the prisoner. I called the fiscal (attorney general) 
and a captain of the volunteers, who understood English perfectly, and under oath to 
me made this declaration ; he being unable to write from having had his arms so long 
pinioned as to have a partial paralysis of his hands. Stated that he was a native of 
Aurora, Indiana, being married and having a child four years of age. Left New York 
harbor in the schooner Grape Shot, signed the articles as a sailor, for Falmouth, Ja- 
maica, in good faith, knowing nothing of the nature of the voyage save its legitimate 
object. After anchoring in the lower bay of New York, waiting for a tug to tow her to 
sea, which arrived at midnight, bringing some fifty armed Cubans, with a good supply 
of munitions of war, objected to continue the voyage, and desired to return to the city 
in the tug; the captain assured him that although he had taken the Cubans, he would 
not risk his vessel to run the Spanish blockade, but would proceed to Falmouth, land 
the men, and go for a cargo of cocoanuts. When off Cape Maysi, the Cubans took pos- 
session of the vessel, changed her course, run her inland and discharged. 

He insisted upon continuing the voyage, but having had some difficulty with the 
captain, was left on shore under threat of shooting him if he attempted any resistance. 
After the subsequent engagement, in which he took no part, not being armed, he sought 
some place of safety, and finding two unarmed men, gave himself up and requested to be 
sent to the American consul ; was bound and brought here, and, without judge or j ury, 
sentenced to be shot on the following morning ; protested against executioners, and de- 
clared that the vessel's register and mate's log-book would prove his capacity on board, 
and other evidence that he could procure from Jamaica would guarantee his innocence. 

This declaration I read in English, and made a verbal translation to the fiscal, who 
had pronounced the sentence of death upon him. I immediately sent a copy to the 
governor, being 10 o'clock p. m., praying for a respite for a few days in order to procure 
proofs from Jamaica, and requested an immediate reply. I waited nearly all night in 
the office and received no reply. Early in the morning I visited him again and found 
the prisoner surrounded by the guards formed for his execution ; he appeared calm and 
assured me he had no fear to die, and again assured me, as a dying man, of his innocence, 
and only begged for a day or two to furnish proofs. At that moment the English vice- 
consul kindly came in and offered to go with me to the governor. We found him still 
in bed ; stated the urgency of the case, and asked in the name of mercy and of our 
countries for a respite, and assured him that the German man-of-war now lying in 
port would take the letter over. The governor seemed disposed to grant this request, 
but informed us of his superior instructions, and in order to wash his hands of the blood 
(in our opinion) of an innocent man, and had the debility to inform us of his impotence 
as the chief magistrate of this city. My troops will not obey ; dissension prevails in 
the army ; General Buceta, commanding officer of the forces, is a fugitive on board of a 
Spanish man-of-war ; the Catalans, a few nights since, attempted to assassinate him, 
under the pretense of a serenade. General Camara was next selected, who, hearing of 
the plot, secreted soldiers in his house, which frustrated their plan. His death would 
have been the signal for a general uprising of the Catalans, and of sacking, plunder, 
and massacre of the Cubans. 

Finding all hopes gone we retired, and in our exit met the governor's aide-de-camp, 
with whom we had some conversation ; he assured us that anarchy prevailed ; the mob 
rules ; the governor is impotent and fears a counter-revolution. So the man was ex- 
ecuted, leaving a letter for his wife aud child, showing himself to be a man of good and 
fail - education, proclaiming his innocence, and instructing her to sue the owners of the 
vessel for damages, having left her penniless. The English vice-consul writes the par- 
ticulars to his consul general, and asks immediately for a man-of-war to protect him- 
self and archives, as he sees the impending danger. 

Such is the state of affairs at this place, and I have undeniable jnoofs that this place 
will be the theater of action, and in such cases you very well know that this consulate 
and the American citizens here will be left without protection, and the American flag 
dishonored, unless steps are taken to have a vessel of war in port, which I deem of the 
utmost importance. Had there been one, Speakinan would not have been shot and 
hurled into eternity, aud his mutilated remains dumped from an offal cart like an 
animal, at the so-called cemetery. 

I send to-day, to the Secretary of State, an account of the proceedings, and also a 
copy of the letter of the deceased to his wife, which is painful to read, and hope such 
outrages will not be permitted to continue, and a suitable protection guaranteed to all 
citizens of the United States at this place. 

The English vice-consul informs me that his letters have been opened. I inform you 
of this fact in order that your reply may come safe. 

S. Ex. Doc. 7 3 



34 THE KEVOLUTION IN CUBA. 

Fo. 21. 
t 

Mr. Phillips to Mr. Fish. 

Santiago de Cuba, June 19, 1869. 

I have the honor to inform you of the existing state of affairs in this 
city. A few days since two naturalized American citizens and a native 
of New Orleans, who formed part of the expedition on board of the 
steamer Peritt, were taken prisoners at Eamon, brought to this city, 
and within twelve hours, without any trial, publicly shot. 

As I did not receive any communication from the authorities, and 
hearing the fact but too late, I requested the governor to inform in future 
cases, and allow me to visit the prisoners, in order to ascertain if they 
have just causes for such proceedings. 

I received in due time a favorable and courteous reply. 

Wednesday evening, June 16, the governor sent a note informing me 
that an American citizen had been brought in, taken prisoner at Baiti- 
quiri, and forming part of the expedition which the American schooner 
Grape Shot had landed on the coast of Cuba, would, according to the 
laws of the nation, be shot as a pirate on the following morning at 9 
o'clock. 

Wishing to investigate his case I immediately called upon the gover- 
nor and requested a pass for the prison, where I repaired, and in the 
presence of the fiscal, (attorney general,) and a captain of the volunteers, 
took down in writing the inclosed declaration made by prisoner. 

On my return to the consulate I sent a copy to his excellency the gov- 
ernor, praying that before sentence of death be pronounced upon him to 
grant a respite of a few days in order to procure tmdence of his inno- 
cence, and after waiting at the office nearly all night I received no reply. 

Upon the following morning I again visited the prisoner, who was 
making an effort to write a farewell letter to his wife, which copy 1 have 
also the honor of inclosing, it being a true one. I assured him that all 
my efforts had been useless ; he again protested against his execution, 
and begged for only a few days to furnish satisfactory proofs. At that 
moment the English vice-consul came in to offer his services in the mat- 
ter, and proposed our calling on the governor ; we did so, and owing to 
the early hour were admitted to his bedside, and used all endeavors to 
stay the proceeding, assuring him that we would request the captain of 
a Prussian man-of-war, now lying in port, to take over to Falmouth a 
letter from the prisoner. Our efforts were useless. His excellency gave 
us to understand that he was impotent in his position ; dissension had 
broken out in the army, his troops reluctantly obeyed his orders, and 
had no confidence in his officers, and feared a counter •revolution, and 
was compelled to appease the wrath of the Catalans for his own safety. 
He further says that the commanding officer, General Buceta, was a fii- . 
gitive on board of a Spanish man-of-war, for attempts had been made 
to assassinate him. 

After our exit we met his excellency's aide-de-camp, who assured us 
that perfect anarchy prevailed ; that another attempt had been made to 
assassinate, but this time it was General Camara who was to be the vic- 
tim. In order to hide their traitorous intentions they went with music, 
under the pretense of serenading him. Their plot was frustrated, for 
the general, on hearing of it, stationed soldiers about his house. I have 
no doubt that it was a prudent measure, because under existing state of 
affairs a single shot would have been followed by a general plunder, mas- 
sacre, and sacking of the defenseless inhabitants of this city. 



THE REVOLUTION IN CUBA. 35 

The Spanish government, regarding tte patriots of this unhappy 
country as rebels and traitors, apply the frost rigorous and barbarous 
laws ; that is the reason why this has become a war of extermination, 
which is shocking to every civilized nation. What seems more strange 
is that Spain, having awakened from the lethargy in which her ignorant 
institutions and despotic kings had prostrated her, when they proclaim 
a liberal constitution, when they abolish capital punishment, and par- 
don the true rebels of Malaga and Cadiz, and the assassins of the gov- 
ernor of Burgos, they should grant the just demands of the Cuban people, 
which are only those granted to all civilized nations. 

The country is in complete anarchy ; the Catalonian volunteers do not 
allow the governor to render justice, and he cannot publicly resist them, 
as he has seen in the case of the unfortunate Speakman, as well as in other 
cases which have occurred in this jurisdiction. We cannot enjoy personal 
safety here until some foreign power interferes, and know no other who can 
have more influence here than the United States, whose citizens have 
much commercial interest on this island. I therefore consider it not only 
necessary but urgent that some vessel of war at this moment be stationed 
in this port to protect the archives of this consulate, and the lives and 
property of the American citizens in case that the republican patriots 
should come near the city, and have good reason to believe that they 
are preparing to do so, owing to their ranks being daily increased and 
becoming more disciplined, while desertion and sickness prevail in the 
Spanish army. 

From my long residence in the island, and a thorough knowledge of 
the language and people, I am persuaded that in case of a conflict the 
archives of this consulate would fall into the hands of the Spanish vol- 
unteers unless means are taken to prevent. Under the existing state of 
political affairs I hope that some vessel^of war may be sent to calm the 
anxiety of the American citizens residing here. 



United States Consulate, 

Santiago de Cuba, June 17, 1869. 

Declaration, under oath, of Charles Speakman, at the prison of Santiago de Cuba, Wednesday, 

June 16, at 9 o'clock p. m. 

I, the undersigned, acting consul of the Uuited States at this city, having been pei> 
mitted by the civil governor to visit the above named prisoner at the city prison, and 
requested him to make a statement of his case in writing, replied that owing to his 
arms having been pinioned, he could not write, and being sentenced to be shot on the 
following morning, at 9 o'clock, in the presence of Captain Francis O'Callaghan, (of 
the volunteer corps,) made the following declaration : 

I, Charles Speakman, of the town of Aurora, State of Indiana, lately resident of 
Florida, thirty-three years of age, having a wife and child, the latter four years of age, 
left New York harbor on the last of April, on board of the American schooner Grape 
Shot, iu capacity of sailor, bound, as stated in ship's register, for Falmouth, Jamaica. 
After dropping anchor at the lower bay, during the night a steam-tug came alongside 
and put on board of said schooner fifty armed Cubans ; suspecting the object of the 
voyage to be an expedition for Cuba, protested, and requested the captain to be sent 
ashore, who assured me that he should not touch on the coast of Cuba, but laud the 
men at Jamaica, and that the vessel would proceed for a cargo of cocoauuts ; when off 
Cape Maysi, (eastern end of Cuba,) the captain keeping on his course, the Cubans took 
possession of the vessel, changed her course, aud landed their men and her cargo at 
Bailiquiri, near Guantanamo : was compelled to assist in the lauding, and when the 
captain went on board, refused to take me, under threat of shooting if I stepped into 
the boat. Being compelled to remain, I sauntered about the beach; a short time after 
they were attacked by the Spanish troops, and after a short encounter they retreated 
to the interior. Finding myself alone, sought a place of safety for the purpose of sur- 
rendering my person to the authorities, and being without arms for r>er»onal defense, 



36 THE KEVOLUTION IN CUBA. 

found a rifle on the road, left by^rme fallen Cuban, took possession of the same, and 
upon meeting two unarmed men^fave myself up, and in no case used the arms against 
the government, having never fired a single shot. Previous to shipping, I knew no- 
thing of the expedition, nor did I receive any compensation, more than that of an ordi- 
nary seaman's wages. I have prayed for a respite to prove my innocence, which several 
prisoners before being shot declared and certified to, and offered to procure evidence 
by the vessel's log-book and by statements made at the custom-house at Jamaica. Hav- 
ing no fear of death, I still find it hard to die innocent, and do solemnly protest against 
my executioners ; and I have demanded an opportunity to prove my innocence, having 
since my captivity had no time or chauce to substantiate preceding facts. 

Sworn to before me, in the presence of attorney general and Captain Francis 
O'Callaghau. A. E. PHILLIPS, 

Acting U. S. Consul. 



Santiago de Cuba, June 17, 1869. 

My Dear Wife and Child : These are the last lines you will ever receive from me. 
In four hours I am to he shot, having been captured by the Spaniards on the Island of 
Cuba, where the vessel ran instead of going to Falmouth, Jamaica, where I shipped to 
go. Now, Maggie, I have no money to leave you, and I am so sorry, darling, as I 
leave you penniless ; but you may get some by getting a good lawyer to sue the own- 
ers of the vessel for damages ; they have taken my life and deprived you of my support 
and ought to support you. 

There will be a statement sent to the government that he can see ; there is also, I 
have been told, a contract in New York, to land these men in Cuba, and if he 
can get hold of it, you can get big damages from them. The vessel's name was the Grape 
Shot, schooner, of New York; the owners' names are Heury Wall, a surveyor of New 
York, one Highdecker, a broker in the same place ; one Slowmaker, a liquor dealer ; all 
this can be found out in the New York custom-house. You can get a good deal of 
money if you get the right kind of a man to take hold of it, and enough to keep you 
for life. The time is getting short, darling, and if I could only see you and baby once 
more I could die happy. I have always loved you, darling, whatever you may think to 
the contrary ; God knows it is true. For you, and only you, I have tried to get along 
and make you a good living. You have always been a good and true Avife to me, and, 
darling, do forgive all the trouble I ha*ve ever given you, and meet me in heaven. Tell 
Smith that he must let you have some money to help yon along ; tell him, as a dying 
brother, I entreat him to take care of you and my little boy. I have one kind friend 
here, a Mr. O'Callaghau. Darling I cannot write more ; my hand is sore. Tell cousin 
Fannie and aunt Olden. May God Almighty bless you, and keep you and baby, is my 
last and only prayer. 

Tell baby his father's last prayer to him is, that he never drinks one drop, and be 
good to his mother. 

After I am dead Mr. O'Callaghau will cut a lock of my hair, and my handkerchief, 
and send it to you. 

Good by, darling, I command you to sue the owners ; call a witness, one Wm. Craig, 
of Oliver street, New York, who was on the vessel with me. 

God bless you. 

Your affectionate and dying husband, 

CHAS. SPEAKMAN. 

Mrs. Maggie C. Speakman, 

Care of Captain J. TV. Weaver, Aurora, Indiana, U. S. 



3To. 22. 

Mr. Phillips to Mr. Fish. 

Santiago de Cuba, June 25, 1869. 
I have the honor to inform you that per Spanish steamer Dulce, which 
left this port for Philadelphia, I sent you a full account of the state of 
affairs at this city and of the execution of Charles Speakman, which no 
doubt will have come to hand before you receive this. It is painful for 
me to inform you that on the 21st instant, at 9 o'clock a. in., Mr. Albert 



THE KEVOLUTTON IN CUBA. 37 

Wyeth, of Chanibersburg, Pennsylvania, lately residing at No. 24 Clin- 
ton Place, New York, and an operator at*the telegraph office No. 145 
Broadway, was also publicly shot ; under snch peculiar circumstances I 
feel it my duty to inform you of the facts. Being notified by the gov- 
ernor of his arrest and sentence to be shot, I repaired immediately to 
the city prison, where he made the declaration, a copy of which I have 
the honor to forward; also a certificate attesting the innocence of Mr. 
Speakman. The originals are on file at this office, corroborating my opin- 
ion respecting the same. After assuring the former that I would use 
all endeavors to save his life, I called upon the governor, the clergy, and 
some of the most influential citizens of this city, whose united efforts 
were unavailable. 

The Catalans are so sanguine in their disposition that they could not 
in any way be prevailed upon to allow the governor to pardon the unfor- 
tunate victims of the Cuban revolution. It was truly painful, owing to 
his extreme youth, being but 20 years of age : his social position and 
fine education, being an invalid who sought a congenial climate and in 
no way (as represented) being privy to the nature of the expedition. 

The arbitrary way in which the authorities treat those who are taken 
or give themseives up, owing to the manner in which they have been 
deceived by the revolutionary junta in the United States, are without 
parallel in history, and in view of the efforts I have used to procure a 
pardon in peculiar cases of this nature, has led to an order being issued 
that no more prisoners be brought to this city, but to shoot them with- 
out any form of trial or examination. Being convinced by the news 
that is in daily circulation that the patriots purpose an attack upon 
this city sooner or later, I fear very much that very little attention will 
be paid to the Lives or property of the American citizens residing here, 
nor will a due respect be paid to the flag of this consulate, unless some 
protection be given by the presence of a man-of-war at this port, which 
is the most earnest wish of your most obedient servant. 

P. S. — I inclose a copy of the morning papers, (Spanish organ,) contain- 
ing a letter addressed to Charles S. Olden, esq., and signed by Francis 
O'Callaghan, and for want of time before the mail closes I do not send 
a translation. You will perceive that the authorities, conscious of the 
iniquity which they have committed in sending into eternity an honor- 
able and innocent man, who protested against his executioners and 
demanded in the name of mercy an opportunity to send to Jamaica, 
assuring me of his innocence, without avail. It has been made to appear 
that the protest was made against the owners of the Grape Shot, yet, I 
admit that he said "If he must die, the Cuban junta ought to take care 
of his wife and child, who were left penniless." 

I have been called upon by a Spanish priest, a tool of the government, 
supplicating me to take no steps upon the matter, being better that our 
government knew nothing about it, and to allow the widow to remain 
in ignorance. 

The Spanish press have made a good story for themselves, and is far 
from the facts of the case. I shall keep the department informed of the 
passing events as they appear, and shall send with quarterly reports, 
ending June 30, a full account of the political state of affairs at the 
eastern department. 



38 THE REVOLUTION IN CUBA. 

Mr. Wyeth to Mr. Phillips. 

Santiago be Cuba, June 20, 1869. 
I, Albert Wyetli, citizen of the State of Pennsylvania, being out of health, left 
Hunter's Point, Long Island, in the State of New York, United States of North America, 
in the schooner Grape Shot, for a voyage to Falmouth, Island of Jamaica, whither 
a certain Mr. Antonio A. Jimenez offered to take me free of charge. The schooner 
Grape Shot touched at Turk's Island, and after leaving that point they declared they 
were going to Cuba, when I energetically protested against taking part in the enter- 
prise, and was told that if I attempted to desert them they would shoot me. I was 
forced to land with the rest on the Island of Cuba, under fear of death, and compelled 
to take arms on landing, which arms I threw away as soon as I could, do so, without 
having used them at all, and presented myself in San Antonio to the Spanish authori- 
ties there. The above I have written of my own free will and accord, under no influ- 
ence whatever, and is the truth, the whole truth, and nothing but the truth, so help 
me God. 



Mr. Wyeth io Mr. Phillips. 

Santiago be Cuba, June 20, 1869. 
I, Albert Wyeth, certify that Charles Speakman, whom I learn has been shot in this 
city, was a sailor on board the schooner Grape Shot, bound from New York to Falmouth, 
in Jamaica, on which vessel I was a passenger, and to my knowledge was compelled to 
leave the vessel when it reached the island, by the captain, with whom he had a diffi- 
culty, under penalty of death if he remained on board, and was of his own accord in 
no way connected with the expedition. 



No. 23. 
Mr. Plumb to Mr. Fish. 

No. 57.] HAVANA, June 29, 1866. 

With my dispatch No. 49 I transmitted to you a copy of a letter from 
Mr. Phillips, late acting United States consul at Santiago de Cuba, giv- 
ing an account of the summary execution of a citizen of the United 
States, one of the unfortunate victims of the Grape Shot expedition. 

I have now to transmit herewith a further letter from Mr. Phillips, 
dated the 23d instant, received yesterday, in which he reports the exe- 
cution at that place of another citizen of the United States, Albert 
Wyetli, of Ohambersburg, Pennsylvania, taken prisoner with others of 
the expedition of the schooner Grape Shot. 

Evidence given by Wyeth appears to confirm the statements made by 
the previous victim, Charles Speakman. 

I beg to call your attention to the situation of affairs at Santiago de 
Cuba, as represented by Mr. Phillips, and to the request for instructions 
made at the close of his letter. 



[Inclosure.] 
Mr. Phillips to Mr. Plumb. 

Santiago be Cuba, June 23, 1867. 
I have the honor of informing you that I have forwarded to your address a letter 
bearing date 18th instant, Manifesting the state of affairs at this city and giving you 
an account of the fate of the American citizen, Charles Speakman. Since which I have 
been under the painful duty of recording the unfortunate end of another American, 
whose declaration before me at the city prison is most painful. 



THE KEVOLUTION IN CUBA. 39 

Deposed, that being out of health, was invited by one Gimenz (who subsequently- 
proved to be the originator of the Grape Shot expedition) to go to Falmouth, Jamaica, 
for the benefit of his health, and offered a passage free of expense; nothing occurred on 
the voyage to indicate its true object until they reached Turk's Island, where they 
declared then: intentions, upon which the deceased protested energetically, and was 
informed that any desertion upon landing would be punished by death. Being com- 
pelled to land with arras and enter into service, he did so, but separated upon the first 
encounter, threw away his arms and presented himself to the Spanish authorities, who 
brought hira to this city, and was shot without trial in company with five others. 

The deceased deposed that he belonged to a very respectable and influential family 
at Chambersbnrg, Pennsylvania, and had been residing at 24 Clintou Place, New York, 
and an operator in the telegraph office No. 145 Broadway. 

After taking his deposition, I made every effort to save him, first by calling upon the 
governor and manifesting his extreme youth, being only twenty years of age, his social 
position, the circumstances in which he had been inveigled into the expedition, but to 
no purpose. I then brought the influence of the clergy and officers of the Catalanian 
volunteers, (the dread of the local authorities,) but could not save him. Also deposed, 
that Charles Speakman, to his knowledge, was in no way connected with the expedition, 
but forced to land under threat of being shot by the captain of the schooner, with whom 
he had some difficulty on the passage. 

This corroborates my former opinion respecting Speakman's innocence. The Spanisl 
government treating the patriots of this unhappy vicinity as rebels and traitors, apply 
the most vigorous and barbarous laws, and this applies both to Cubans and foreigners. 

The mutilated remains, after being shot, are carted off in an offal cart to the so-called 
cemetery, and dumped into ditches like so many beasts, while those shot in combat are 
left to fester in the sun, a prey to the carrion birds and dogs. I am persuaded, from facts 
gathered from reliable sources, that preparations are being made for an attack, sooner 
or later, upon this city by the rebels. From the knowledge I have of the Catalanian 
volunteers, I fear that the archives of this consulate and the lives and property of the 
Americans residing here would fall a prey to the infuriated mob, unless some measures 
betaken to prevent it, by the presence of some naval force at this port, and unless 
some protection be given to me from our government, I do not feel disposed to continue 
in the capacity of acting consul, to be the laughing-stock of the community at large, 
having no power to interfere in such cases as those mentioned, whose lives could have 
been saved by the presence of a man-of-war in this port, or at least facilities would 
have been offered them to prove their innocence. 

I have been informed by the officers of the Spanish government, that in future cases, 
owing to the active measures which I have taken in behalf of my countrymen, and to 
prevent them making any declaration, it is their determination to shoot all American 
prisoners immediately on the spot, in order that I may be prevented from communi- 
cating with them. 

I hope, sir, you will represent these facts to Admiral Hoff, and manifest to him the 
necessity of looking in upon us, at least occasionally, in order to quiet the anxiety of 
our countrymen. 

I shall also transmit to the department a copy of the proceedings, stated by the 
young man, Albert Wyeth. Please give me explicit instructions how to act in case 
that others be brought to this city, as it is painful and revolting to be persuaded of 
their innocence without power to assist them. 

Please answer by first opportunity. 

I am, most respectfully, your obedient servant, 

A. E. PHILLIPS, 
Acting United States Consul. 



No. 24. 
Mr. Davis to Mr. Plumb. 

No. 20.] Department of State, 

Washington, July 7, 1869. 

*^# # # # # # 

I read your No. 49 (inclosing a copy of the report of the consul at 
Santiago de Cuba, upon the execution of Speakman) to the President, 
who immediately ordered a vessel of war to proceed to Santiago to in- 
vestigate the case. 



40 THE EEVOLUTION IN CUBA* 

No. 25. 
Mr. Fish to Mr. Sickles. 

No. 9.] Washington, August 10, 1869. 

On the third day of July last information was received at this depart- 
ment from Dr. Phillips, vice-consul of the United States at Santiago de 
Cuba, that Charles Speakman, a citizen of the United States, who had, 
against his will, been forced to accompany an expedition against Cuba 
in the Grape Shot, and had voluntarily surrendered himself to the Span- 
ish authorities as a non-combatant, had been cruelly murdered, with a 
formality of trial that amounted only to a farce. The details of this 
are so fully set forth in the dispatch of Mr. Phillips, a copy of which is 
inclosed, that it is needless for me, in this connection, to do more than 
refer to it. 

On the receipt of this information the President directed Admiral Hoff 
to proceed at once to Santiago de Cuba, and to investigate the case in 
person. 

By direction of the President, Dr. Phillips's dispatch was also, on the 
same day, read to Mr. Roberts by Mr. Davis, and that gentleman, on 
hearing it, assured Mr. Davis that he would inquire into the case, and 
that a proper compensation should be made by the Spanish government 
to the family of Mr. Speakman. 

A few days afterward another dispatch was received from Mr. Phil- 
lips, a copy of which is inclosed, containing an account of the execution 
of Albert Wyeth, another American citizen, under circumstances of 
equal barbarity and cruelty. For the details of this, also, I refer you to 
the consul's dispatch, confining myself in this connection to calling your 
attention to the fact that Mr. Wyeth's dying declarations fully confirm 
Mr. Speakman's assertions of his own innocence. 

Admiral Hoff, upon the receipt of his instructions, sailed as soon as 
possible for Santiago de Cuba, and arrived there oh the 11th of July, 
with the flag-ship, the steamship Gettysburg, and monitor Centaur. He 
proceeded at once to make a thorough investigation of these cases, and 
reported in detail to the Navy Department, with full inclosures, copies 
of all which are inclosed, in support of the conclusions to which he 
arrived. 

Those conclusions are, "that these men were cruelly murdered, owing 
entirely to the weakness of the Spanish official at this city, (Santiago 
de Cuba,) in yielding to the demands of the Catalan volunteers, and in 
misconstruing or acting upon the cruel decree of the 24th of March, 
1859." 

In this opinion, and in the forcible language in which it is expressed, 
the President fully concurs. You are accordingly instructed to demand 
of the Spanish government full reparation to the families or represent- 
atives of Charles Speakman and of Albert Wyeth, for their murder by 
the Spanish authorities, so far as pecuniary compensation can make 
reparation therefor. 

You will observe, also, that Admiral Hoff says that "Great Britain's 
laws of citizenship have enabled her to obtain from Spain the entire 
revocation of this proclamation, which fact seems to be known and 
observed by the Spaniards throughout the island, and certainly gives 
British subjects greater consideration when captured or wrecked upon 
the Cuban coast." 

I do not know what peculiarity in the British laws Admiral Hoff refers 
to. You will, however, call the attention of the Spanish minister for 



THE EEVOLUTION IN CUBA. 41 

foreign affairs to this fact, and will say that we shall expect citizens of 
the United States to be treated with as much consideration, and to 
enjoy as broad rights, as the citizens of any other country. 

You will also, in the name of the President, solemnly protest against 
any longer carrying on this war in Cuba in this barbarous way. For 
now nearly a year the insurgents have maintained themselves against 
all the forces which Spain and the Catalan A T olunteers have been able to 
put into the field against them. In the judgment of the President, in 
which I believe the whole civilized world will coincide, the time has 
come when this struggle should be carried on in a more humane way. 
To shoot prisoners of war, simply because they are taken with arms in 
their hands, is not in accordance with the customs of the Christian 
world. This country is deeply interested in the proper solution of this 
question. Our relations with Cuba are so many and so intimate that 
we cannot regard this struggle, in all its details, with anything but 
intense interest. Our earnest wish has been and is to do our whole duty 
as a neutral nation towards Spain in this emergency. Peeling that we 
have done so ; that under circumstances of peculiar difficulty we have 
enforced our laws and maintained our neutrality, we think that we have 
a right on our part to insist that Spain shall carry on this war hereafter 
in a manner more in accordance with the humane and Christian senti- 
ment of the aae. 



No. 26. 

Mr. Siclrfes to Mr. Fish. 

No. 15.] September 8, 1869. 

I have the honor to forward to you a copy of my note to Mr. Becerra, 
the minister of state ad interim, in relation to Charles Speakman and 
Albert Wyeth, executed at Santiago de Cuba. In the further execution 
of your instructions No. 10, 1 have, in the same communication, formally 
protested against these deplorable excesses, demanding, in the name of 
humanity, that the war in Cuba, if prolonged, shall not be conducted 
in disregard of the customs and usages of Christian nations. 



Mr. Sickles to the minister of state. 

Madrid, September 6, 1869. 

The undersigned, envoy extraordinary and minister plenipotentiary of the United 
States of America, in obedience to the instructions of his government, has the honor to 
request the attention of his excellency the minister of state to certain quite recent 
transactions at Santiago de Cuba, in which, by the orders of the governor of that place, 
two American citizens, who had committed no crime, and who had voluntarily sought 
the protection of the Spajiish authorities, were put to death without trial. 

On the third day of July last, the Department of State was informed by the Ameri- 
can vice-consul at Santiago de Cuba that Charles Speakman, a citizen of the United 
States, who had voluntarily surrendered himself to the Spanish authorities as a non- 
combatant, had been executed by order of the governor, after an ex parte proceeding 
not to be called a trial. 

On receipt of this information, the President directed Admiral Hoff to proceed at once 
to Santiago de Cuba and to investigate the case in person. 

By direction of the President, the consul's dispatch was, on the same day, read to his 
excellency the Spanish minister at Washington by the Acting Secretary of State, when 
Mi-. Roberts assured Mr. Davis the matter should be iuvestigated and a'proper compen- 
sation made by the Spanish government to the family of the deceased. 

A few days afterward the vice-consul at Santiago de Cuba reported to the Depart- 



42 THE EE VOLUTION IN CUBA. 

ment of State the execution of Albert Wyeth, another American, nnder circumstances 
equally summary, groundless, and cruel. 

Admiral Hoff, as soon as he had received his instructions, sailed for Santiago de Cuba, 
where he arrived on the 11th of July, and, after a thorough investigation, reported in 
detail all the material facts relating to both of these deplorable occurrences. 

It appears from these official reports and the accompanying documents, that Charles 
Speakman, a citizen of the United States, residing in Aurora, Indiana, where he has a 
wife and child, being by occupation a sailor, about the end of April shipped as a seaman 
on board the schooner Grape Shot, of New York, signing articles for Falmouth, in Ja- 
maica, in good faith, knowing nothing of the objects of the voyage. While lying in 
the lower bay of New York, the tug-boat which was to tow the Grape Shot to sea 
arrived at midnight, bringing some fifty armed Cubans, with a considerable supply of 
munitions of war. Speakman objected to continuing the voyage, and desired to return 
to the city in the propeller ; but the captain assured him that, although he had taken 
the Cubans on board, he would not risk his vessel by attempting to run the Spanish 
blockade, but would proceed at once to Falmouth, land the Cubans, and go for a cargo 
of fruit. When off Cape Maysi, the Cubans took charge of the vessel, ran her ashore 
and disembarked. 

Speakman, who had had a quarrel with the captain about the engagement, was 
forcibly put on shore with the Cubans. They were soon attacked by the Spanish 
troops, routed, and dispersed, Speakman taking no part in the fight. He took the first 
opportunity to give himself up to the Spanish authorities, and on the 16th of June was 
brought to Santiago, subjected to a private examination before the fiscal, in the pres- 
ence of an interpreter, and condemned to death immediately. The consul of the United 
States made application to the governor of the place by letter to grant a reprieve of a 
few days, to enable Speakman to obtain from Jamaica the proofs necessary to establish 
his innocence. The letter of the consul was never answered. He then, in company 
with the English vice-consul, made a personal application to the governor. The gov- 
ernor replied that his orders were positive, alluding to Captain General Dulce's proc- 
lamation of the 24th of March, 1869, and added that, owing to the dissensions prevail- 
ing in the Spanish forces, the dissatisfaction of the Catalan volunteers, and the danger 
of a counter revolution against himself, it would be entirely impossible to grant even 
a short reprieve. Consequently Speakman was executed on the morning of the 17th 
June, within fourteen hours after he was brought to the city. 

These facts are derived from the official reports of the acting United States consul, 
Dr. Phillips, Admiral Hoff, and the dying statements of Speakman, and of those who 
were executed with him, who united in declaring his innocence of all complicity in the 
objects of the expedition. 

And it further appears that Albert Wyeth, of Pennsylvania, a young man of only 
twenty years of age, and very respectably connected, sailed in the same schooner Grape 
Shot for Falmouth, Jamaica, for the benefit of his health. On learning the real destination 
of the schooner he energetically protested against taking part in the enterj»rise. When 
the expedition disembarked he was forced to land with the Cubans, and took the first 
opportunity to surrender himself to the Spanish authorities. He was shot on the 21st 
of June, and so far as can be ascertained, without even the pretense of a trial. The 
acting consul of the United States, in a personal interview with the governor, urged in 
vain the extreme youth of the prisoner, his respectable social standing, and his inno- 
cence of any criminal intent, as reasons for a commutation or reprieve of the sentence. 

Admiral Hoff in his report to the Navy Department, which is accompanied by all the 
evidence necessary to support his conclusions, declares that these men were sacrificed 
through "the weakness of the Spanish official at this city (Santiago de Cuba,) in yield- 
ing to the demands of the Catalan volunteers, and in misconstruing or acting upon the 
cruel decree of the 24th of March, 1889." 

In this opinion, and in the forcible language in which it is expressed, the President 
fully concurs, and the undersigned is instructed to demand of the Spanish government 
full reparation to be made to the families or representatives of the said Charles Speak- 
man and Albert Wyeth, in so far as pecuniary compensation can make reparation for 
these unjustifiable homicides. 

It also appears by the report of Admiral Hoff, that Great Britain has been csiiabled 
" to obtain from Spain the entire revocation of the proclamation of 24th March/1^69, 
which fact seems to be known and observed by the Spanish authorities throughout the 
island, and certainly gives British subjects greater consideration when captured or 
wrecked upon the Cuban coast." The undersigned in bringing this circumstance to the 
notice of the minister of state, is instructed to say that the United States claim for 
their citizens the same consideration and the same rights enjoyed by the citizens or 
subjects of any other power. 

The government of the United States has heretofore remonstrated against certain 
proclamations of the Captain General of Cuba, that threatened a mode of warfare at 
variance with the recognized customs of civilized nations. It has been the earnest 
hope of the President that these friendly representations would not be disregarded by 
Spain. The United States, in dealing with a rebellion of vast proportions, which was 



THE EEVOLUTION IN CUBA. 43 

not a struggle for self-government, emancipation, or ameliorated forms of administra- 
tion, nevertheless accorded to the insurgents all the amenities of warfare. No life was 
sacrificed, not even among the conspicuous and responsible actors in the insurrection, 
unless in battle, and in accordance with the usages of war. Nor was any discrimina- 
tion made between those citizens of the Unitetl States who took part in the insurrec- 
tion, and the citizens or subjects of foreign nations who joined the rebel standard; all, 
when captured, were treated alike as prisoners or war, and when non-combatants were 
accused of military offenses within the Union lines, and a trial by the ordinary tribu- 
nals was impracticable, they were arraigned before a military commission, in which all 
the safeguards essential to the administration of justice were carefully observed ; the 
accused were allowed a reasonable time to prepare for trial, the privilege of counsel to 
assist in their defense, the attendance of witnesses as well as the right of cross-examin- 
ation ; and it was necessary to the validity of sentences pronounced by these tribunals, 
that the proceedings should be reviewed and sanctioned by superior authority. 

It has been, aud is now, the sincere wish of the United States to perform all their 
duties as a neutral nation towards Spain in this emergency. Under circumstances of 
peculiar difficulty, the United States have enforced their laws aud maintained their 
neutrality throughout the contest. Their relations with Cuba are so many and so 
intimate, that they cannot but feel an intense interest in a struggle for independence 
which derives so much of its inspiration from the example of their own free institutions 
and the past intercourse between Cuba and the republic, not to speak of the recent 
illustration Spain herself has given of the love of liberty cherished by all Spaiuiards. 
For nearly a year the insurgents have maintained themselves against all the force 
Spain has been able to put into the field against them. In the judgment of the Presi- 
dent, in which it is believed the whole civilized world will concur, the time has come 
when tins struggle should be carried on in a more humane way. To shoot prisoners of 
war simply because they are taken with arms in their hands, is not in accordance with 
the customs of Christian nations. Hostilities so conducted, besides increasing the sym- 
pathy felt for the Cubans, can only aggravate and protract a contest involving ques- 
tions in which the United States have interests too important to be disregarded. 

In view of the foregoing facts and considerations, the undersigned is instructed to 
protest with all solemnity, in the name of the President of the United States, against 
the deplorable excesses which have thus tar characterized the war in Culm, and to 
insist, as the President believes he may rightfully insist, in the name of humanity, that 
hereafter^ while hostilities are prolonged, the war shall be conducted in a manner 
more in accord with the humane and Christian sentiment of the age. 

The undersigned avails himself of this occasion to renew to his excellency, the min- 
ister of state, the assurances of his most distinguished consideration. 

D. E. SICKLES. 



No. 27. 
Mr. Sickles to Mr. Fish. 

No. 17.] September 14, 1869. 

######### 

His excellency then informed me that a report from the Captain Gen- 
eral of Cuba had been called for in relation to the cases of Speak man 
and Wyeth, and if the facts were as alleged, full reparation would be 
made to the families of the deceased ; and he added that orders had 
been given to prevent such scenes of cruelty in the future conduct of 
the war. 



No. 28. 

Mr. Sickles to Mr. Fish. 

Madrid, November 2, 1869. 
I have the honor to transmit a translation of the note of the minister 
of state, Mr. Silvela, of the 10th of October, in reply to my note of the 
6th of September, in relation to the Speakman and Wyeth murders, and 
a copy of my rejoinder, dated October 30th. 



44 THE REVOLUTION IN CUBA. 

Mr. Silvela to Mr. Sickles. 

[Translation.] 

Madrid, October 11, 1869. 

Sir : Tliis ministry received in clue time the note of your excellency, dated 6th of 
September, relating to two American citizens upon whom the penalty of death was 
inflicted in Santiago de Cuba, as you affirm, without their having committed any crime, 
and when they had voluntarily given themselves up to the authorities, asking for pro- 
tection. 

Circumstances and events which it is unnecessary to mention have caused some 
delay in my answer, but I believe no prejudice to the object of the note referred to has 
resulted from this, as, in the meanwhile, information has been received from the Cap- 
tain General of the island of Cuba in regard to what took place in the case cited by 
your excellency. 

One fact results from the documents belonging to the matter, to which I will, in the 
first place, call your attention, and this is, that in the cordial and frank interviews 
which Admiral Hoif held with the authorities of Santiago de Cuba, to inform himself, 
in accordance with the orders of his government, of the considerations which might 
have justified the punishment inflicted upon Charles Speakman, this officer of the 
American navy expressed himself, as it appears, satisfied with the explanations which 
he had received from the governor of Santiago without making any objection to the 
statements adduced by the latter in support of his conduct, and only when he was pre- 
paring to leave the island he directed to the above-mentioned governor a protest 
against his acts with respect to the American citizens in question. 

This proceeding of Admiral Hoff permits the supposition that, in making a protest in 
that form, he yielded to other causes foreign to the subject rather than to his convic- 
tions of right, since, in the other case, he would at least have announced his purpose 
during the interview, contradicting the observations of the Spanish authority which so 
freely offered to furnish all the facts conducing to the manifestation of the justice with 
which he had acted. 

The presumption favorable to the Spanish authority which arises from this is fully 
confirmed, if the facts are examined with care and impartiality. 

A preliminary consideration necessary to be taken into account is the bloody char- 
acter of the insurrection, and the cruelty and ferocity of its titular chiefs, who have 
gone so far as to openly order, as it appears from an edict of the leader Cespedes, arson, 
pillage, and murder. In this way was produced a just indignation among the govern- 
ment forces, and among the numerous islanders who assist them in the defense of the 
principle of authority against the felonious excesses of undisciplined bands, the desire 
was aroused among all to avenge injuries and insults which they had not provoked, 
and the civil Avar came to assume a character which the mother country deplores, and 
for which they are solely responsible who, not contented with rushing to arms at a time 
when, more than ever, the way of realizing all legitimate aspirations was open to them, 
still sought to destroy their own country with fire and devastation. 

Hence the necessity of rigorous measures, which, although they have subsequently 
been subjected to essential modifications in a lenient sense, could not be applied at that 
time, by the authorities, without distinction of natives and foreigners, even when in 
reality these last were much more culpable, taking an attitude of hostility to a govern- 
ment whose acts in no way affected them. 

To these dispositions to which I allude, justified by the necessity of depriving the 
insurrection of the assistance which it received from abroad, the governor of Santiago 
had to conform in the case under discussion, being compelled to treat Speakman, taken 
with arms in his hands, as an enemy of Spain with regard to his nationality, which 
disappeared in presence of the crime for which he had made himself responsible. That 
the law was justly applied is shown by the confession of the accused, as appears from 
the letter which he addressed to his unfortunate family shortly before his death. I 
send you a copy of this document, and by reading it you will see that the unfortunate 
Speakman begins by declaring that he was captured by the Spanish forces, and this is 
sufficient, in my judgment, to remove all the force of the exculpation alleged in the suppo- 
sition that Speakman had been forcibly landed in Cuba, and bad afterward given 
himself up voluntarily to the authorities of the country. You will also observe that 
when about to suffer the final penalty, and when writing' to his wife and child, Speak- 
man makes no protest of his innocence, and only shows resentment against those who 
compromised him in the enterprise which cost him his life, whom he makes responsible 
for his misfortune, urging his family to institute proceedings against them. 

In this connection I call your attention to the paragraph of the letter referred to, in 
which he says, literally, " claim damages of the ship-owners ; they have taken my life, 
and have deprived you of my support, and they ought to aid you. There will be a state- 
ment here, which will go on to the government, and, by what I have been told, you will 
bo able to see a contract between them and the Cuban Junta in New York to land these 



THE REVOLUTION IN CUBA. 45 

men in Cuba, and if you can obtain it you will recover large damages." These words 
need no comment. The victim himself indicates where the responsibility lies, and 
addressing himself at the last moment to the object of his greatest affection, completely 
exempts the Spanish government and accuses the ship-owners and the Cuban Junta, 
who have deprived him of his life, and mentions the contract to land those men in Cuba. 
The ship-owners and the Cuban Junta, whose mission is notorious, reside in the terri- 
tory of the United States, and it is most just that that government, following the sug- 
gestion of the unfortunate Speakman, should endeavor to exact of them the responsi- 
bility which the last will of the accused throws upon them, and upon them exclusively. 
A case is impossible, therefore, in which the irresponsibility of the Spanish authorities 
could be move clearly proven.. Still further it appears, as proof of his culpability, that 
Speakman was found armed with a gun when he came into the possession of the Spanish 
authorities; for if, victim of a deception as you affirm, he had wished to give himself 
up voluntarily, nothing obliged him to preserve iu his hands the surest proof of his 
participation in the tight. 

With this becomes inadmissible the exculpation which rests upon the supposition of 
a moral or material compulsion : because, if it were sufficient to allege such an exonera- 
tion to elude responsibility in cases like the present, the impunity of nlibusterism would 
be almost absolute, it being always easy to declare oneself deceived or forced into 
taking part in filibustering expeditions. 

In fine, it appears and is evident that Speakman formed part of a piratical expedition 
against Cuba, and that he disembarked iu the island with re-enforcements en route for 
the insurrection, and that he was taken witii arms in his hands ; so that all the circum- 
stances concur which are necessary to constitute the responsibility required by the law 
which was brought into action; and tins being so. the charge which you make against 
the governor of Santiago, of a lack of energy to resist the animosity of the volnnteei s 
against the unfortunate Speakman, is destitute of foundation, as the officer in question 
only complied with an order, severe, if you please, but necessary to prevent the coming 
of foreigners, the principal element which keeps the insurrection alive, and which most 
contributes to the devastation of the island of Cuba, whose ruin is to them entirely 
indifferent. 

Referring to the observations of your excellency in respect to the character assumed 
by the fratricidal struggle which exists in that transatlantic province, I think proper 
to state that the government earnestly desires to establish all possible conditions of 
humanity in the struggle, in spite of the persistence of the insurgents in committing 
indescribable outrages; and if we have hitherto not seen realized our desire to mitigate 
the horrors of war, it is owing to the conduct of our enemies, who poison the minds of 
the many islanders who are attacked and injured in their families and their interests; 
the cause of the rigorous measures sometimes resorted to being also the just anxiety to 
prevent the coming of foreign re-enforcements, which have so much contributed and 
still contribute to prolong the insurrection. 

As a proof of the humane disposition by which the government is actuated, I call your 
attention to the measures which, iu accordance with this, have been already adopted. 
The first is (among others of less importance) the order given by the Captain General 
of the island of Cuba, that in the eases of the imprisonment of a foreigner, the proper 
dispatch shall be drawn up at once to be sent to that official, if the ca.se does not require 
to be submitted to the decision of a court-martial, and even then the necessary report 
must be sent for final action. 

Among these measures figures also the circular of the 23d of September, emanating 
from the government, in which it is provided that the conquered enemy who surrenders 
under the faith which is pledged to respect his rights, is a sacred object which Spain 
covers with her asgis, and it belongs to the tribunals alone to judge his conduct, with- 
out it being permitted to any one to invade the power of justice. It is also forbidden 
in all cases to employ reprisals against the barbarous devastation which, as a means of 
attaining an impossible victory, is resorted to by the rebels, and, in fine, mercy and 
humanity is generally recommended in the conduct of the war. 

These are the sentiments which animate the Spanish government, which, representing 
in Spain the most liberal ideas for the government of a state, cannot represent in Cuba 
principles which would be the negative of these, and I therefore trust that your excel- 
lency, convinced of the loyalty of our views, and persuaded on the other hand of the 
justice with which the law has been applied in the case which was the occasion of your 
note to which this is a reply, will see that the subject in question shall not give rise to 
any misunderstanding. 

I improve this opportunity to renew to your excellency the assurances of my most 
distinguished consideration. 

MANUEL SILVELA. 



46 THE EEVOLUTION IN CUBA. 

Mr. Siclcles to Mr. Silvela. 

Madrid, October 30, 1869. 

Sir : I have received your excellency's note of the 11th instant, in reply to mine of 
the 6th ultimo, demanding indemnity for the families of Charles Speakman and Albert 
Wyeth, two American citizens summarily put to death without cause by the Spanish 
authorities at Santiago de Cuba, in June last, and protesting .against the repetition of 
such acts in the further prosecution of hostilities in Cuba. 

My government will receive with due consideration the statement of your excellency 
that the Spanish government desires to establish all possible conditions of humanity in 
the fratricidal struggle which prevails in that island, and that, in proof of this humane 
disposition, the Captain General has ordered reports to be made to him of the imprison- 
ment of foreigners, if the case does not require to be brought before a court-martial ; 
that in such cases the proceedings are to be submitted to him for final action ; that the 
circular of the 23d September ultimo, emanating from the Spanish government, has 
provided "that the conquered enemy who surrenders under the faith which is pledged 
to respect his rights is a sacred object which Spain covers with her aegis, and that it 
belongs to the tribunals alone to judge his conduct, without it being permitted to any 
one to invade that jurisdiction ;" that acts of retaliation are forbidden in any case ; that 
mercy and humanity are enjoined in the conduct of the war; and that the government 
which upholds in Spain the most liberal ideas cannot represent in Cuba principles in 
conflict with these. 

Proceeding to the consideration of the particular cases to which I had the honor to 
invite the attention of the Spanish government, I cannot fail to observe that your excel- 
lency makes no allusion whatever to the case of Wyeth, from which I trust I may 
assume that the demand of my government in respect to him is admitted to be just. 

It is not without regret that I note the avowal of your excellency that Speakman was 
executed in conformity with the law and the orders in force in Cuba ; and that the fate 
of this unfortunate man was no other than had been decreed by competent authority 
against all enemies of Spain taken with arms in their hands; for, although the demand 
for indemnity in this case rests upon the ground that Speakinan was innocent of any 
hostile act or intent against the Spanish authority, I must reject as repugnant to all 
the sentiments of our advanced civilization any assumption that appears to tolerate the 
indiscriminate slaughter of prisoners of war. I prefer, indeed, to discuss the question 
presented on the basis of the more benign code your excellency informs me has been 
lately adopted in Cuba. 

Nor can I pass without emphatic dissent the inadmissible inference drawn from the 
courteous forbearauce of Admiral Hoff in waiting until he had obtained all the testimony 
in relation to the execution of Speakman and Wyeth before addressing his formal pro- 
test to the authorities of Santiago de Cuba. 

I must also note the significant omission of your excellency to affirm that Speakman 
was tried by a competent tribunal, and sentenced upon due proof of the commission of 
a capital crime. And although it is insisted that his offense consisted in the violation 
of a law, neither the tenor of the law, nor the authority sanctioning it, is mentioned. 
It may, however, be presumed that your excellency refers to the decree of the Cap- 
tain General of Cuba, of the 24th of March, 1869, a copy of which was' furnished to Ad- 
miral Hoff by the governor of Santiago de Cuba, as the authority under which he acted. 
It will be sufficient for me to repeat the purport of this decree as given to the consul 
of the United States by Mr. de la Torre, in his letter of the 13th of June last, in reply 
to inquiries made by the consul in relation to the fate of certain American citizens. The 
governor, quoting the words of the general commanding the department of the east, 
says, that " by the national laws every foreigner setting foot in Spanish territory in 
attitude of war, and who is taken with arms in his hands, is liable to the penalty of 
death without process, (sin formation de causa;) consequently the prisoners in question 
have suffered this punishment without ascertainment of their nationality." 

Your excellency, in the absence of any trial of the accused, relies upon the letter 
Speakman is represented to have written to his wife a few hours before he was shot, to 
prove that the law of Spain was regularly and justly applied to his case. It is a con- 
clusive answer to any attempt to sustain the sentence by the contents of that letter, 
that it was written on the morning he was executed and after he had beeu condemned 
to death ; so that whatever might have been the force and effect of the testimony un- 
der other circumstances, it is impossible that the letter could have been in any way 
considered by the authorities in determining their action upon the case. 

But I am quite prepared to maintain that Speaknaan's letter, so far from justifying 
the accusation against him, discloses a state of facts altogether inconsistent with any 
purpose of taking part in an expedition against Cuba. Your excellency cites the dec- 
laration of Speakman that " he had been captured by the Spaniards" as sufficient to 
remove all the force of the exculpation claimed in his behalf on the ground that he had 
beeu forcibly landed iu Cuba, and had voluntarily given himself up to the authorities. 
I must observe that the actual declaration of Speakman, as contained in the copy of 



THE KEVOLUTION IN CUBA. 47 

his letter sent to me with your excellency's note, differs materially from the words at- 
tributed to him, as the foundation of this argument. Spcakinan says : " I have been 
captured by the Spaniards on the island of Cuba, where the vessel went in, instead of go- 
ing to Falmouth, Jamaica, where I had shipped to go." It thus appears, beyond all 
question, by this accurate ([notation from the very document so much depended upon 
by your excellency, that this unfortunate sailor was innocent of any intent to embark 
for Cuba, having expressly shipped for another destination. 

Your excellency proceeds to make further deductions from another part of Speak- 
man's letter, in which he says to his wife, " I am leaving you without a penny, but you 
will be able to recover something by getting a good lawyer to claim damages of the 
ship-owners. They have taken my life and deprived you of my support, and they ought 
to aid you. There will be a statement here which will go on to the government, and, 
hi/ what I have been told, you will be able to see a contract between them and the Cuban 
Junta in New York, to land these men in Cuba, and. if you can obtain it, you will recover 
large damages." Before commenting on the observations made by your excellency en 
this part of the letter, I wish to invite attention to the force with which it repels the 
assumption of Speakman's culpability. It is plain that all his instructions are predi- 
cated upon his belief that having, as he declares, shipped to go to Falmouth, Jamaica, 
and having been deceived by the supposed collusion between the owners of the vessel 
and the parties who chartered her, his family will lie entitled to recover damages for 
the injury suffered from the deceit thus practiced upon him. But, with what color of 
pretense could he have urged his family to claim damages, if, as your excellency con- 
tends in justifying his execution, Speakman voluntarily embarked in an expedition 
against Cuba, and landed on the island in conformity with the conditions on which he 
shipped for the voyage? How could he declare that' "they," the ship-owners, "have 
taken my life," if he had himself engaged in the fatal enterprise ? But his meaning is 
too plain to be misunderstood ; he says, "by what I have been told you Avill be able to 
see a contract between them," the ship-owners " and the Cuban Junta, in New York, 
to land these men in Cuba." What men 1 Not the crew, of which he formed part; not 
the innocent passengers, like Wyeth, who was seeking a change of climate for his 
health; but the party who came aboard secretly, after the vessel cleared from New 
York, and who subsequently effected their landing in Cuba : and if anything could add 
to the force of these considerations, it is the appeal he makes in the last words of his 
letter, before invoking the Divine blessing on his family, to the testimony of William 
Craig, of New York, one of his shipmates, for the confirmation of his innocence of all 
complicity in the real objects of the voyage. 

Your excellency gravely suggests that the United States government has mistaken 
its remedy in demanding indemnity from Spain. This point appears to be seriously 
urged, and I shall, therefore, treat it with respectful consideration. Whatever may be 
the liability of the parties in New York, in their relation to the voyage of the Grape Shot — 
whether it bo to the government of the United States for a violation of the neutrality 
laws, or to individuals for deceit practiced upon the crew— these questions are com- 
pletely distinct from the responsibility of the Spanish government for acts committed 
within its jurisdiction by its authorized agents. Spain is none the less bound to mako 
indemnity in this case because there are other wrong-doers in the transaction. By the 
action of the authorities of Santiago de Cuba, now justified by the Spanish govern- 
ment, the innocent shared the fate of the guilty. If it be true that the ship-owners 
and the Cuban Junta, in New York, should be held responsible for offenses committed 
within the jurisdiction of the United States, it does not follow that Spain may escape 
her share of responsibility for the unjustifiable sacrifice within her lines of the 
unfortunate Speakman — victim as he was of fraud on the one hand and of outrage on 
the other. 

Having shown, as I trust plainly, that the testimony relied upon by your excellency 
to prove the guilt of Speakman furnishes, in truth, the most satisfactory proof of his 
innocence, I proceed to examine the only additional consideration suggested by your 
excellency to establish his culpability. Your excellency states that it further appears 
that Speakman was found armed with a gun when he came into the hands of the Span- 
ish authorities, and it is argued that if he had been deceived in shipping for the voyage 
or constrained to join the insurgents on lauding, as has been affirmed, "nothing obliged 
him to preserve in his hands the surest pn'oof of his participation in the fight." To this 
it may be fairly replied that nothing was easier to one who desired to conceal evidence 
of guilt than to throw away a gun ; keeping his gun until he surrendered himself to 
the Spanish authorities, Speakman gave the surest pledge of his sincerity, and the most 
convincing proof of the truth of his representations. We are not left to conjecture to 
ascertain how it happened that Speakman had a gun in his possession. He explains 
this fact himself in his examination before the attorney general and the notary, which 
took place in the prison at Santiago de Cuba, the day before he was executed. In the 
course of this proceeding, the only prelude to his sentence and execution, the following 
qu -stion was put to the accused: "How is it you say you remained under arrest, and 
ha 1 refused to take arms, when you had a gun when you were captured V To which 



48 THE REVOLUTION IN CUBA. 

Speakman answered ; " The guii lie had when they took him prisoner was the one the 
captain of the ship, Mr. Welch, had." [In a note to the official copy of this document, 
furnished hy the governor, it appears that Captain O'Callaghan, the interpreter, stated 
this was a mistake for the "captain of the expedition, G. B. Smith."] 

It is a recognized principle of the law of evidence that a party is hound hy the testi- 
mony of the witness he produces, another maxim not less imperative requires that all 
the declarations of a witness must be taken together, for it is not permitted to a party 
to avail himself of so much only as benefits his case and reject the remainder. I must 
therefore remind your excellency of the testimony of Speakman in his formal exami- 
nation already mentioned. In this examination Speakman stated that "he shipped, as 
a sailor ; " " the number of men disembarked was some five and thirty, more or less ;" 
that he " stayed on shore because they stove the boat they landed in ; " and after a quarrel 
with the captain "they put him under arrest and he remained under arrest seven or 
eight days ; he saw two men, to whom he gave himself up, delivering also the gun 
which he had." This testimony is not contradicted ; it is consistent with all the decla- 
rations of Speakman himself, and is confirmed by the dying declarations of Wyeth, and 
others who were on board the Grape Shot. The American and British vice-consuls, 
satisfied of the innocence of Speakman, appealed in vain to the governor to grant a 
respite of three days, to obtain from Falmouth, Jamaica, conclusive testimony of the 
innocence of the accused. Refusing to postpone the execution of the sentence, which 
swiftly followed the accusation, and was pronounced without any opportunity afforded 
the accused to exculpate himself, the Spanish authorities have imposed upon themselves 
the obligation to establish indisputably the guilt of Speakman, at once their victim and 
their witness, and failing in this, his blood is upon their heads. No judicial tribunal in the 
world could pronounce a sentence of death on the meager testimony produced against 
this man. 

The enlightened statesmen who now administer the government of Spain have them- 
selves denounced the summary and sanguinary code which consigns to instant death a 
prisoner of war, taken with arms in his hands. Regarded with the most lenient dis- 
position towards the Spanish authorities, the case presents no feature of mitigation 
to screen them from denunciation. Concede all that is alleged against Speakman, and 
he was a prisoner of war put to death by his captors in obedience to a. decree of the 
Captain General, against which the United States government had not alone remon- 
strated, as contrary to the usages of nations ; a brief respite of the sentence was refused 
to the consul of the United States ; the same appeal from the British consul made in 
the name of humanity was impeded ; no mercy was accorded in consideration of a vol- 
untary surrender ; instantly shot in cold blood, the mutilated remains of this sacrifice 
to a code of war not recognized by any civilized nation Avere refused a decent burial. 

In conclusion, dismissing from the discussion all that is irrelevant, it is enough to 
recapitulate the facts as they are derived from official sources. The United States con- 
sul at Santiago de Cuba, in a dispatch to the Secretary of State of June 18, 1869, imme- 
diately after the occurrence, reports the whole transaction fully and circumstantially ; 
and in this testimony I rest the case presented on the part of the United States to the 
government of Spain ; he says : 

" On Tuesday, 13th, the English vice-consul sent me a note stating that an American 
prisoner had just passed his consulate for the city prison, and, in a few minutes, I re- 
ceived a dispatch from the governor notifying me of the same. I immediately called 
upon this authority, who gave me a pass to the prison where I could have a public or 
private interview with the prisoner. I called the fiscal (attorney general) and a cap- 
tain of the volunteers, who understood English perfectly, and under oath to me the 
prisoner made this declaration, he being unable to write from having his arms so long 
pinioned as to leave a partial paralysis of his hands, stated that he was a native of 
Aurora, Indiana, being married, and having a child four years of age ; left New York 
Harbor in the schooner Grape Shot, signed the articles as a sailor for Falmouth, Jamaica, 
in good faith, knowing nothing of the nature of the voyage save its legitimate object. 
After anchoring in the Lower Bay of New York, waiting for a tug to tow her out to 
sea, which arrived at midnight, bringing some fifty armed Cubans with a good supply 
of munitions of war, objected to continue the voyage and desired to return to the city 
in the tug. The captain assured him that although he had taken the Cubans, he would 
not risk his vessel to run the Spanish blockade, but would proceed to Falmouth, land 
the men, and go for a cargo of cocoanuts. When off Cape Mazsi the Cubans took pos- 
session of the vessel, changed her course, ran her to land, and discharged. 

"He insisted upon continuing the voyage, but, having had some difficulty with the 
captain, was left on shore under threat of shooting him if he attempted any resistance. 
After the subsequent engagement, in which he took no part, not being armed, he sought 
some place of safety, and finding the unarmed men, gave himself up and requested to 
be sent to the American consul, was bound and brought here, and, without judge or 
jury, sentenced to be shot on the following morning ; protested against his executioners, 
and declared that the vessel's register and mate's log-book would prove his capacity on 



THE REVOLUTION IN CUBA. 49 

board, and other evidence that he could procure from Jamaica would guarantee hia in- 
nocence. 

"This declaration I read in English and made a verbal translation to the fiscal, who 
had pronounced the sentonce of death upon him. I immediately sent a copy to the 
governor, being 10 o'clock p. m., praying for a respite for a few days, in order to procure 
proofs from Jamaica, aud requested an immediate reply. I waited nearly all night in 
the office, and received no reply. Early in the morning I visited him again and found 
the prisoner surrounded by the guards formed for his execution. He appeared calm, and 
assured mo he had no fear to die, and again assured me, as a dying man, of his inno- 
cence, and only begged for a day or two to furnish proofs. At that moment the English 
vice-consul kindly came in and offered to go with me to the governor. We found him 
still in bed, stated the urgency of the case, and asked, in the name of mercy and 
of our countries, for a respite, and assured him that the German man-of-war, now lying 
in port, would take the letter over. The governor seemed disposed to grant this request, 
but informed us of his superior instructions, and in order to wash his hands of the 
blood (iu our opinion) of an innocent man, had the debility to inform us of his impotenca 
as the chief magistrate of this city. ' My troops will not obey ; dissension prevails in tha 
army ; General Buceta, commanding officer of the forces, is a fugitive on board of a 
Spanish man-of-war. The Catalans, a few nights since, attempted to assassinate him 
under the pretence of a serenade. General Camara was next selected, who, hearing of 
the plot, secreted soldiers in his house, which frustrated their plan. His death would 
have been the signal for a general uprising of the Catalans, and of sacking, plunder, 
and massacre of Cubans.' 

"Finding all hopes gone we retired, and in our exit met the Governor's aide-de-camp, 
with whom we had some conversation. He assured us that anarchy prevailed ; the 
mob rules ; the governor is impotent and fears a counter-revolution. 

" So the man was executed, leaving a letter for his wife and child, showing himself 
to be a man of good and fair education, proclaiming his innocence, and instructing her 
to sue the owners of the vessel for damages, having left her penniless." 

This evidence, which is not contradicted in a material statement by any testimony 
which has been produced, presents so plain a case for indemnity that I trust the Span- 
ish government will not fail to respond without delay to the just demand made in my 
note of the Cth ultimo, and which is now repeated. 

I avail myself of this occasion to renew to your excellency assurances of my most 
distinguished consideration, 

D. E. SICKLES. 



No. 29. 
Mr. Plumb to Mr. Fish. 

No. 56.] Havana, June 29, 1869. 

Inclosed herewith I transmit copy of a letter, under date of 26th in- 
stant, received yesterday from Mr. Price, consular agent at Nuevitas, 
giving an account of the progress of events in that vicinity. 

The capture by the insurgents of a detachment of upwards of one 
hundred Spanish regular troops, guarding the railroad between Nuevi- 
tas and Puerto Principe, at a point some seven miles from the latter 
place, as reported by Mr. Price, appears to be fully confirmed and is 
commented on with some degree of frankness by the papers published 
in this city. 



Mr. Price to Mr. Plumb. 

NuEvrrA3, June 25, 1SG9. 
Since mine of the 10th, 11th, and 16th instants, I' have none of your favors to refer 
to. The train due here on Tuesday last did not arrive as was expected, which gavo 
cause to the circulating of a great many false rumors. But on the 23d instant the train 
arrived here safely. The following account will explain the delay. Thi3 train left here 
last Sunday morning and arrived within seven miles of Puerto Principe without any 
mishap. At this point found an encampment of regular troops entirely abandoned, the 
huts burned to the ground, dead horses lying about, the bodies of dead soldiers stick- 

S. Ex. Doc. 7 4 



50 THE EEVOLUTION IN CUBA. 

ing half-way tip from under the ground, as if bnvied in haste, and signs of general des- 
olation. Those in charge of the train not knowing what had happened, and fearing 
danger ahead, returned to the Minas, and passed the night at that station. 

Monday morning the train left the Minas again for Puerto Principe ; arriving near 
the point from whence they returned the day before, they were met by a column, at 
the head of which was General Letona. 

It seems the insurgents had surprised, early Sunday morning before daylight, the 
detachment composed of seventy-one regulars of the battalion " La Eeyna," commanded 
by a captain and two lieutenants, thirty Lancers del Rey, commanded by a captain, 
encamped within seven miles of Puerto Principe, on the railroad, in an open sebana^M? 
large plain. 

Only one soldier of all these made good his escape, the rest were all made prisoners ; 
■fiie sentinels were killed at their posts. 

The soldier who escaped arrived at Puerto Principe to relate, in an exaggerated man- 
ner, what had happened. 

This is what brought General Letona out with a column, only to find the remains 
above mentioned. 

This reverse has been sorely felt. Their natural pride is highly offended. They can- 
not realize the possibility of a detachment of regular Spanish infantry and cavalry 
being overpowered by the insurgents, to whom they deny all valor. 

Besides the above, there have recently been several skirmishes along the railroad and 
in the vicinity of Puerto Principe; the number of casualties is not stated. In one of 
them along the road the Spaniards lost six soldiers and an officer. Many arbitrary 
arrests are being made.' 

All such Cubans as are abla aro leaving th.9 country. 

On the 24th instant the Spanish gunboat Andaluza returned from Puerto Padre, 
bringing the battalion La Union, which had been sent last week to reinforce the 
column of Brigadier Ferrer. 

There has been very little fighting in that vicinity since my last. 

The last convoy lost three carts loaded with provisions. 

The cholera is thinning the ranks of Ferrer's brigade faster than the bullets of the- 
insurgents. 

The cholera has decreased in this port, and but few cases present themselves ; the- 
disease so far has not been of an epidemic character. 

The Atalouja estate, owned by Colonel Francisco Acosta, situated across the bay, was 
burned by the insurgents yesterday. The fire could be seen plainly from here. The- 
buildings on this estate were valued at over $60,000. 

Mrs. Polhamus is waiting here to get to the United States. I hope some of our war 
vessels may touch here soon. 



No. 30. 

Mr. Plumb to Mr. Fish. 

No. 66.] Havana, July 8, 1869. 

In his dispatch No. 17, of the 27th of March last, my predecessor, Mr. 
Hall, transmitted to the department copy of a decree issued on the 24th 
of that month by Captain General Dulce "relative to the vessels 
approaching this island with hostile intentions, having - men, arms, or 
munitions of war on board." 

I have now the honor to transmit to you herewith copy and transla- 
tion of a decree published in the Gazette of last evening, issued by 
Captain General Caballero de Rodas, under date of the 7th instant, in 
substitution for the said decree of the 24th of March last, and of three 
other decrees, of prior date, pertinent to the same subject, and relating 
to the ports and coasts of this island, and communication therewith. 

In an interview with General Caballero de Kodas to-day, the hope 
was expressed by him that the present decree would be found satisfac- 
" tory by the government of the United States. 



THE REVOLUTION IN CUBA. 51 

[Translation.] 

PIRST SECTION — GENERAL SUPERIOR OFFICES — SUPERIOR POLITICAL GOVERNMENT OP 

THE PROVINCE OF CUBA. 

Havana, July 7, 1869. 

The custody and vigilance of the coasts of this island, adjacent, keys, and territorial 
waters, being of the utmost importance in order to put an end to the parties of insur- 
gents, which have been sustained by exterior aid, determined to give a vigorous im- 
pulse to their persecution, aud iu order to explain certain doubts which have occurred 
to our cruisers as to the geuuine interpretation of the decrees published by this supe- 
rior political government under date of the 9th of November, 1868, and 18th aud 26th 
of February, and 24th of March of the present year, I have determined to unite and 
amplify in this all of the said dispositions, which therefor remain substituted by the 
preseut, and making use of the faculties with which I am invested by the government 
of the nation, I decree: 

Article 1. There shall continue closed to import and export trade, as well for ves- 
sels iu foreign commerce as also those in the coasting trade, all the ports situated from 
Cayo Bahia de Cadiz to Punta Mayso, on the north, aud from Puuta Mayso to Cienfue- 
gos on the south, with the exception of those of Sagua la Grande, Caibarieu, Nuevitas, 
Gibara, Baracoa, Guantauamo, Santiago de Cuba, Manzauillo, Santa Cruz, Zaza, Cas- 
ilda, or Trinidad, and Cienfuegos, iu which there are established custom-houses or col- 
lection oi'hces. 

Those who attempt to enter the closed ports or to hold communication with the 
coast shall bo pursued, aud, on beiug apprehended, prosecuted as infractors of the laws. 

Article 2. In accordance with the same there shall also be prosecuted vessels carry- 
ing powder, arms, or military supplies. 

Article 3. The transportation of individuals for the service of the insurrection is 
much more grave than that of contraband, and will be considered as an act decidedly 
hostile, being proceeded against in such casa as an enemy, the vessel aud its crew. 

Article 4. If the individuals to which the preceding article refers come armed, they 
will afford proof iu fact of their intentions, and will be tried as pirates the same as the 
crew of the vessel. 

Article 5. There shall also be held to be pirates, in conformity with law, vessels 
which may be seized bearing a flag not recognized, whether the same be armed or not 
as vessels of war. 

Article 6. On the high seas contiguous to those of this island the cruisers shall con- 
fine themselves to exercise over such vessels as may be denounced, or those that by 
their proceedings excite suspicion, the rights stipulated in the treaties signed by Spain 
with the United States in 1795, with Great Britain in 1835, and with other nations 
subsecmently, and if in the exercise of these rights vessels should be fouud recognized 
as enemies of the integrity of the territory, they shall be brought into port for the cor- 
responding legal investigation aud trial. 

CABALLEEO DE EODAS. 



No. 31. 

Mr. Fish to Mr. Lopez Roberts. 

Washington, July 16, 18G9. 
The undersigned, Secretary of State of the United States, has the 
honor to enclose to Mr. Roberts, envoy extraordinary and minister pleni- 
potentiary of Spain, a translation of a decree which he has received, 
published in the Gaceta de la Habana, {parte ojicial,) under date of 
July 7, 1889, purporting to be signed by General Caballero de Eodas, 
the Gaptain General of the island of Cuba, to which the undersigned, 
desires to call the attention of Mr. Eoberts, as it may in its possible op- 
eration involve serious complications between the government of Spurn 
and that of the United States. It purports to be issued iu order to put 
an end to an insurrection in the island of Cuba, which the United States 
have hitherto treated only as a civil commotion within the dominions of 
Spain, that did not give rise to what are understood as belligerent rights 
on the part of either party to the conflict. But the decree of the Cap- 
tain General de Rodas assumes powers and rights over the trade and 



52 THE REVOLUTION IN CUBA. 

commerce of other peoples, inconsistent with a state of peace, and which 
the United States can be expected to allow their vessels to be subjected 
to when Spain avows herself to be in a state of war, or shall be mani- 
festly exercising the rights conceded only to belligerents in the time of 
war. 

The first article of the decree proposes to close certain ports, embra- 
cing a large extent of the island of Cuba, against the peaceful commerce 
of foreign countries. Without contesting the right of a government in 
time of peace to exclude from its ports the trade and commerce of a 
friendly people, the undersigned assumes that the exercise of this power 
is to be understood purely as a municipal act, to be executed and en- 
. forced wholly within the recognized exclusive jurisdiction of Spain, and 
only as to ports which are in the possession of the Spanish authorities. 
In case the success of the insurrectionary party should put any of the 
ports, declared to be closed, in their possession, the United States, as a 
maritime nation, will regard an effective blockade to be necessary to the 
exclusion of their commerce. 

The second article of the decree is vague in the absence of the limits 
within which it proposes to prohibit the carrying of powder, arms, or 
military supplies. 

The transportation on the high seas, in time of peace, of articles com- 
monly known as contraband of war, is a legitimate traffic and commerce 
which cannot be interfered with or denounced unless by a power at war 
with a third party in the admitted exercise of the recognized rights of 
a belligerent. The freedom of the ocean can nowhere and under no 
circumstances be yielded by the United States. The high seas contig- 
uous to those of the island of Cuba are a direct pathway of a large part 
of the purely domestic trade of the United States. Their vessels trad- 
ing between their ports in the Gulf of Mexico and those of the Atlantic 
coast pass necessarily through these waters. The greater part of the 
trade between the ports of the United States on the eastern side of the 
continent and those on the Pacific slope, of necessity, pass in sight of 
the island of Cuba. The United States cannot, then, be indifferent or 
silent under a decree which, by the vagueness of its terms, may be con- 
strued to allow their vessels on the high seas, whatever may be their 
cargo, to be embarrassed or interfered with. If Spain be at war with 
Cuba, the United States will submit to those rights which public law 
concedes to belligerents. But while Spain disclaims a state of bellig- 
erency, or until the United States may find it necessary to recognize her 
as a belligerent, the government of the United States cannot fail to look 
with solicitude upon a decree which, if enforced against any vessel of the 
United States on the high seas, cannot but be regarded as a violation 
of their rights that may lead to serious complications. 

The sixth article of the decree refers to certain rights claimed to be 
stipulated by the treaty entered into between Spain and the United 
States in 1795. 

The undersigned desires to call the attention of Mr. Roberts and of 
the government of Spain to the fact that the treaty of 1795 confers upon 
neither of the contracting parties any rights on the high seas over the 
vessels of the other in time of peace. 

The articles of the treaty of 1795 from I to XI, inclusive, define and 
regulate the reciprocal relations and obligations of the parties without 
reference to either party being engaged in war. The portion of the treaty 
from the Xllth article to the XVIIIth, contemplates exclusively their 
relations as .neutrals, the duties, and powers of each towards the other, 
when one or the other may be engaged in war with a third party. The 
eighteenth section recognizes and regulates the right of visit or of ap- 



THE REVOLUTION IN CUBA. 53 

proacli in time of war, for the inspection of the. |)assport and the identi- 
fication of the nationality of a vessel of commerce by the vessels of war, 
or by any privateer of the nation which shall be at war. It confers no 
right; it limits and prescribes the manner of exercising a belligerent 
right when such may exist. The clear object and intent of this provision 
of the treaty is the avoidance of discussion and annoyance, and the pre- 
vention of abuse or indiscretion in the exercise of a belligerent right. 
Its location in the treaty, the recognition of the right of a privateer 
(who has no existence except in war) as having the same power and 
right in the particular referred to with a national vessel of war, and 
the whole scope and aim of the XVIIIth article of the treaty, established 
beyond possibility of question that it refers only to the rights which one 
of the parties may have by reason of being in a state of war. 

The treaty authorizes nothing but the inspection of the passport of 
the vessel of trade met with, while the sixth article of the decree of 
General de Eodas contemplates a search as to the character of the ves- 
sel beyond the limitation fixed by the treaty. 

If Spain be engaged in w^ar, it is essential to the rights, as well as to 
the definition of the duties, of the people of the United States, that they 
be publicly and authoritatively advised thereof, and admonished as to 
their obligations and liabilities in their new relation Avith a friendly 
power. And such admonition admits of no avoidable delay in view of 
the vast commerce that will thus be subjected to restriction, limitation, 
and possible detention. 

The undersigned, therefore, respectfully desires to be informed by Mr. 
Roberts, at the earliest practicable moment, whether, in the issuance of 
this decree, it is to be understood by the United States that Spain 
recognizes that she is in a state of war and claims the rights of a bel- 
ligerent. 

The undersigned has the honor further to say to Mr. Roberts, that 
the government of the United States cannot fail to regard the contin- 
uance of the decree referred to, or any exercise on the high seas near 
the island of Cuba, by any vessel of war, or privateer of Spain, of the 
right to visit or board any vessel of the United States, under color of 
the provisions of the treaty of 1795, as involving the logical conclusion 
of a recognition by Spain of a state of war with Cuba. 

Before concluding, the undersigned begs to call Mr. Roberts's attention 
to the very grave complication which might ensue from any interfer- 
ence with a vessel of the United States engaged in a lawful voyage, 
passing near the island of Cuba. The United States maintain the right 
of their flag to cover and protect their ships on the high seas. 

In conclusion the undersigned expresses the hope that Mr. Roberts 
will speedily be at liberty to announce the formal abrogation of a de- 
cree which causes so much serious apprehension to the government of 
the United States, and against v^hich this government feels bound most 
earnestly to remonstrate. 

For inclosure, see Mr. Plumb's dispatch to Mr. Pish of July 8, 1S69. 



No. 32. 

Mr. Plumb to Mr. Fish. 
No. 83.J Havana, July 21, 1869. 

With my dispatch No. 06, of the 8th instant, I had the honor to trans- 
mit to you a copy of an important maritime decree, issued by Captain 
General Caballero de Rodas, on the 7th of this month. 



54 THE REVOLUTION IN CUBA. 

I have now the honor to transmit to you herewith a copy and trans- 
lation of a decree issued under date of the 18th instant, published in 
the Official Gazette of last evening, modifying the decree of the 7th in- 
stant, by the suppression from it of the last or sixth article. 

****** * * # 



[From the Official Gazette, Havana, July 20, 1869.— Translation.] 
SUPERIOR POLITICAL GOVERNMENT OK THE PROVINCE OF CUBA. 

In view of the determinations adopted by the government of the United States of 
America, as reported by his excellency the minister of Spain, in Washington, under 
date of the 15th instant, and which were published in the Official Gazette" of the fol- 
lowing day, and in order at the same time to relieve legitimate commerce from all un- 
necessary interference in use of the facilities which are conferred upon me by the supreme 
government of the nation, I have determined to modify my decree of the 7th instant, 
leaving the same reduced to the first five and essential articles. 

CABALLERO DE RODAS. 

Havana, July 18, 1889. 



No. 33. 



Mr. Plumb to Mr. Fish. 
No. 75.] JULY 13, 1869. 



* 



I have the honor to transmit to you herewith, copy and translation of 
an important general order issued by the Captain General, on the 

8th instant, which appears published in the papers here of the 11th. 

********* 



[Translation.] 

Commanding General of the District of Matanzas : 

His excellency the Captain General communicates to me through a circular of yes- 
terday's date the following : 

Captain Generalship of the ever faithful Island of Cuba., 

Chief of Staff's office, fifth section. 
[Circular.] 

The extraordinary circumstances through which we are passing, the necessity of cor- 
recting certain abuses which, perhaps through a badly understood zeal, are committed, 
rendering more difficult the work of pacification which I have proposed, and the de- 
sire that all who exercise an independent command shall conform to a common crite- 
rion, impel me to fix certain rules in which are condensed my ideas and the line of con- 
duct I propose to follow. 

Wars are always very lamentable, but when they are civil wars they are too apt to 
take a character of unlimited ferocity, while on the part of the strongest there should 
be always generosity, indulgence, and nobility. 

It may happen that some, who up to the present time have been hallucinated, and are 
found among the insurgents, may present themselves to the chiefs of columns or au- 
thorities of the government. In such case they shall be religiously respected in their 
persons and interests, and I shall exact the most strict responsibility from those who 
tolerate that they bo annoyed or insulted. 

The conditions of this war of insurrection against the common country demand 
speedy and exemplary punishments, and therefore my predecessors have justly iinpcsod 
capital punishment for those who may be apprehended with arms in hand. 

Civilization, and the prestige of Spain before the judgment of other nations, impose, 
nevertheless', the obligation of being as sparing as possible in the shedding of blocd, 
and this painful extreme should only be resorted to with leaders, or men against whom 



THE REVOLUTION EN CUBA. 55 

there Lave been proved crimes of incendiarism or assassination, remitting the prisoners 
in other cases subject to my disposition. 

All functionaries who depend upon my authority, will cause to be respected the lives, 
houses, and properties of all the inhabitants without distinction, punishing with rigor 
those who act in a contrary manner. 

No one shall be imprisoned upon mere suspicion, and without having proof of the 
offense, and in case of arrest, an examination shall immediately be had. 

The greatest care shall be taken that in proceeding in any manner against foreign- 
ers no legal requisite shall be omitted, for the just consideration that is due to their 
nations. 

From a consideration not well construed, acts of notorious cowardice are sought to 
he concealed. On this point I shall be inexorable, and I shall exact strict account from 
the officer who tolerates the slightest fault, and does not bring it to my knowledge, at 
the same time adopting himself such measures as the case may requiro, as arrest, sus- 
pension from position, &c., of those who may be guilty. 

The greater portion of the defeats and reverses which are experienced in war, are duo 
to carelessness, want of experience, lack of vigilance, or of punctuality. It is to be 
understood that all shall be tried by court-martial who may be surprised, who may lose 
more men than necessary in battle by their bad dispositions, or who allow part or the 
whole of a convoy to be taken from them without proving that they have made every 
effort within the limits of possibility to save it. 

Lack of discipline shall be punished with all vigor, employing, when the case re- 
quires, the proceedings of verbal courts-martial, in the understanding that I shall bo 
inexorable with officers lukewarm in maintaining subordination, it being understood 
that all dispositions now in force upon this subject remain in full effect. 

The chiefs should watch over the maintenance of their troops in order to prevent tho 
lack of clothes, shoes, munitions and useful armament. 

The troops who consume much ammunition show almost always cowardice. Let tha 
soldier be accustomed to shoot little and well. 

Reports should always be true, and without containing more details than necessary 
-for the exact cognizance of the facts. 

Finally, let those who perform acts of bravery be recommended, laying aside friend- 
ships and compaternity, in the assurance that true merit will be recompensed, and the 
just aspirations of the chiefs, officers, and troops who distinguish themselves. 

I recommend to you to circulate these instructions to all the authorities dependent 
upon your jurisdiction and commanders of columns, in order that they may have the 
greater publicity, with the understanding that I shall al ways exact the greatest re- 
sponsibility iu their compliance. 

God preserve your houor many years. 

CABALLERO. 

Havana, July 8, 1869. 

And the same is made known for the general intelligence and exact compliance. 

Th« Colonel Commandant General, 

DOMINGO DE LEON. 
Matanzas, July 9, 1869. 



No. 34. 

Mr. Sickles to Mr. Msh. 
No. 4.] Madrid, August 12, 18G9. 

The minister interrupting me as if be thought I had gone quite far 
enough, for the present at least, acknowledged the sincere and loyal man- 
ner in which the government of the United States had fulfilled its inter- 
national duties in regard to the Cuban insurrection. 

********* 

In former days, when the pro-slavery party held the reins of power, 
there was some anxiety from time to time lest the recklessness of tilibus- 
terers should involve the two nations in difficulty; but that, since the 
victory of the national cause in the great war, the liberal people of Spain 
bad come to regard the United States as their natural friend. 

The Cuban question was one of the utmost gravity and delicacy. It 



56 THE REVOLUTION IN CUBA. 

was the intention of the Spanish liberals who planned and executed the 
revolutionary movements which have given to Spain its new political 
life, to make, at the earliest moment, provision for granting self- 
government to Cuba. But this fatal insurrection broke out at the 
very moment when it was becoming possible to give to Cuba all the 
rights she desired. The cry of "Death to Spaniards" was heard in 
Spain, and it became impossible, in the face of civil war, to carry out 
the beneficent plan that had been formed. The liberal party in Spain 
finds itself, to its own infinite regret, forced into a seeming sympathy 
with the reactionary party in Cuba, and the liberals of Cuba, who ought 
to be its firm friends, are converted, by the fatality of the situation, into 
its bitterest enemies. There is no sentiment dearer to the hearts of the 
liberal leaders than that of freedom to all men, yet they stand before the 
world, in this Cuban conflict, as opposed to self-government and resist- 
ing the abolition of slavery. He considered the insurrection as a most 
deplorable misfortune and mistake, both for Cuba and for Spain. 

If a way could be found to settle all these questions in such a manner 
as to do justice to Cuba, without infringing upon the honor of Spain, the 
government would be greatly gratified. There is no intention or desire 
among the liberals of Spain ever again to work (exploiter J the island of 
Cuba on the old selfish system. It has been their constant hope and 
wish to grant to the Cubans the administration of their own affairs, and 
the full fruits of their own labor, preserving their commercial connections 
and some shadow of their political relations. 



No. 35. 

Mr. Plumb to Mr. Davis. 

Ho. 115. J Havana, August 18, 1869. 

*.~.* ******* 

As there appears to be a systematic effort to represent the situation 
of the insurrection on this island in an invariably favorable light, in 
certain accounts from Washington, which are spread very extensively 
through the press in the United States, which leads to the belief that 
these efforts may be used also in other ways, it may be my duty to state, 
that so far as all the information that reaches me here — and I have some 
means of learning the situation in all parts of the island — the accounts I 
have referred to are so grossly exaggerated as, it appears to me, to be 
entirely unworthy of credit. 

While I have very definite ideas as to what must be the inevitable 
final result of the struggle here, I do not believe a cause is usually well 
advanced by exaggeration, and I am very far from believing that the rela- 
tive strength of the combatants is yet even approximate to what would be 
inferred from the statements to which I have made reference. • 



No. 36. 

Mr. SieJcles to Mr. Fish. 

No. 6.] Madrid, August 14, 1869. 

********* 

Mr. Silvela then entered upon a very full analysis of article 108 of 



THE REVOLUTION IN CUBA. 57 

the Spanish constitution, showing that it had two distinct and opposite 
phases in its relation to the present question; that while by its terms it 
precluded the government from making any definitive arrangement in 
regard to Cuba until the Cuban representatives shall have taken their 
seats in the Cortes, on the other hand it authorizes the government to 
make any arrangement that might seem expedient after the Cuban 
deputies arrive. * ***** 

Enclosed will be found * * a copy of article 108 of 

the constitution of Spain. 



CONSTITUTION OF THB SPANISH MONARCHY. 

Section X. — Of the Transmarine Provinces. 

Articlk 108, The Cortes constituents shall reform the present system of govern- 
ment in the transmarine provinces, when the deputies of Cuba or Porto Rico shall have 
taken their seats, in order to extend to the same, with the modifications which shall be 
deemed necessary, the privileges set forth in the constitution. 



No. 37. 
Mr. Sickles to Mr. Fish. 

No. 9. J Madrid, August 20, 1869. 

******* 

To these and like amplifications of the argument, he (General Prim) 
replied with great earnestness and emphasis, " Let the United States be 
assured of the good faith and the good disposition of Spain. * * # 
Formidable as the insurrection in Cuba may become, it has not yet 
approached the proportions of any of those conflicts in which govern- 
ments have found themselves constrained to treat during hostilities. The 
Cuban insurgents hold no city or fortresses; they have no port, no 
ships; they have no army that presumes to offer or accept battle; and 
now, before the period arrives for active operations, when Spain will send 
the ample re-enforcements she holds in readiness, it is only necessary for 
the Cubans to accept the assurance of the United States, given on the 
faith of Spain, that they may have their independence by laying down 
their arms, electing their deputies, and declaring their wish to be free by 
a vote of the people." 



No. 38. 
Mr. Siclcles to Mr. Fish. 

No. 10.] Madrid, August 21, 18G9. 

******* 

The president of the council said : " There is a vast difference between 
the present insurrection in Cuba and those, revolutionary movements by 
which the republics of the Western Continent gained their independ- 
ence, la those examples, negotiation was resorted to after campaigns 



58 THE REVOLUTION IN CUBA. 

had been fought and battles lost and gained ; they had armies in the 
field and organized governments supporting them. We see nothing of 
this in Cuba ; only mere roving bands, who fly when they are pursued, 
and who have never been found in numbers sufficient to give or accept 
battle. It is very possible that in the lapse of time the insurrection 
may become more formidable ; it may raise armies; it may take cities 
and fortified places; it may demonstrate what has not yet been in any 
way demonstrated, that it is supported by the majority of the popula- 
tion. In that case Spain will have something tangible to treat with. 
But we hope to avoid all this bloodshed, disaster, and ruin, by making 
some amicable arrangement now." 



No. 39. 
Mr. Sickles to Mr. Fish. 

No. 12.] Madrid, August 24, 1869. 

#;**■# *■ * # 

In general, I find less susceptibility to the idea of a transfer of the 
island to the United States than to the concession of the independence 
of Cuba. 

There is an apprehension that the persons and property of Spaniards 
in Cuba would not be safe under Cuban control. This impression, I 
hear, prevails in Catalonia. 



No. 40. 
Mr. Plumb to Mr. Davis. 

No. 119.] Havana, August 21, 1869. 

In the absence of any communication from the acting United States 
consul at Santiago de Cuba, relating thereto, which may have failed to 
reach me, I transmit to you the herewith unofficial information, received 
yesterday, regarding the reported murder of certain prominent citizens 
of that place and their friends and attendants, numbering upward of 
twenty persons in all, by order, it is stated, of a subordinate officer of 
the Spanish army, on the 7th instant, while being conveyed as political 
prisoners, at or near a place called Jiguani, the chief town of the district 
of that name, situated seven leagues from the town of Bayamo, the 
headquarters of Count Valmaseda, the commander-in-chief of the eastern 
department of this island. 

The absence yesterday and to-day of the Captain General and political 
secretary, on a visit to Matanzas, prevents me from making an inquiry 
before the departure of to-day's (Saturday's) mail, but which I shall make 
on Monday, first, in the name of humanity, whether this report is true; 
and secondly, whether, as is stated, one of the persons so murdered is a 
citizen of the United States; and if this be true, what steps have been 
taken for the due and immediate punishment of the guilty officer or 
officers, and for the prevention of the recurrence of such acts in the 
future. 



THE REVOLUTION IN CUBA. 59 

[Inclosure.] 

Mr. Hall to Mr. Plumb. 

Matanzas, August 18, 1869. 

From a very reliable source I have received the following statement, and although 
you have probably been informed already in regard to the affair to which it refers, I 
have concluded to transmit it to you for communication to the department should you 
deem it of sufficient importance. My informant could not state whether the executions 
were by order of General Count Valmaseda or another of those acta of insubordination 
of the volunteers ; he is under the impression, however, that they are to be attributed 
to the latter : 

" On the 4th July, ultimo, the following gentlemen, heads of families and well known 
in St. Jago, were imprisoned at that place, viz : Gonzalo Villar, lawyer ; Jos6 Antonio 
Perez, physician, said to be a French citizen; Manuel Espin, physician, said to be a 
citizen of the United States; Salvador Benitez, merchant ; the brothers Bruno and Joso" 
Antonio Collaro, merchants; Miguel Ascencio, employd of the city government; Anto- 
nio Villasana, notary public; Manuel Fresnada, notary public. 

" The judicial investigation to which they were subjected resulted in their being set 
at liberty on the 25th. Within a day or two thereafter they were summoned to appear 
before General Count Valmaseda, and were again arrested and imprisoned on the 28th, 
to be sent to Bayamo. Their wives and friends, belonging to the most respectable 
families residing at St. Jago, demanded of the governor, General de la Torre, some 
guarantee for the personal safety and good treatment of the prisoners, and it is said that 
such assurance was given by the governor to the consular corps of that place, as also to 
the families and friends of the prisoners. * 

" On the 30th they were embarked on board of the Villaclara (steamer) for Manzanillo, 
and thence proceeded to Bayamo, accompanied by several of their friends and servants, 
ten of the former and two of the latter. At Bayamo they were asked no questions, 
were treated with great consideration, and thence sent to Jiguani. At Jiguani they 
were received by the commandant of the place, and two hundred troops forming a 
square. 

"The party, i. c, the before-named persons, their friends, and servants, among them 
Don Manuel Benitez, brother of Salvador, a merchant of Jiguani but a native of St. 
Jago, numbering in all upward of twenty persons, were ordered to the center of the 
hollow square, where they were forthwith indiscriminately shot down." 

Since the foregoing was written I have seen a letter from St. Jago, dated the 13th, 
which in the main corroborates the foregoing statement, but charges the act upon 
Colonel Palacios, of the regular regiment of Antequera, who, it seems, acted entirely 
npon his own responsibility and without orders from any one. 



[Inclosure. — Translation.] 

Santiago de Cdba, August 13, 1889. 

* * ■» * * * * 

I write you to advise of the horrible news that has spread through the town since 
the return of the Villaclara, which will take this letter. 

The facts are that on account of the departure of the prisoners Espin and Perez, 
physicians, Salvador Benitez, jr., Ascencio, the two Collaros, one of the Villasana, 
beside some intimate friends and relatives and a son of ono of the Benitez, called Lico, 
by the same steamer for Bayamo, where, it was said, the prisoners were to be con- 
fronted with an individual who accused them of being in correspondence with the 
insurgents, no guilt having been discovered in the proceedings previously instituted 
in this city, a large number of persons went to the wharf to meet the steamer, it hav- 
ing also been rumored that she would bring back the prisoners. Heave you to imagine 
their horror when they witnessed the landing of the escort and its commander and 
heard the report of the latter, that tho prisoners had been shot between Jiguani and an 
encampment called Lorma de Piedra, by order of a colonel called Palacios, of the regi- 
ment of Antequera, without authority of any source, whatsoever. He also had shot, 
according to report, the persons who accompanied the prisoners; they were Siuforiauo 
Alvarez, Manuel Fresnada, Lico, Benitez, a mulatto servant of Perez, and even the horses 
that they rode. 

'# * :t # * * 

Let us proceed with the news: Firstly, it was given by some of the passengers who 
came in the steamer from Manzanillo, as follows: That it was said at Manzanillo, and 
even by the commander of the escort and tho soldiers composing it, the commander 
adding that he had left them at Bayamo in good health and had brought with him a 
testimonial letter signed by all of them, that on the following day they were to proceed 



60 THE REVOLUTION IN CUBA. 

to Jignani, and that after bis return to Manzanillo he heard the news of the massacre 
as before related, and of the truth of which there can be no doubt whatever. 

It appears that they were shot on the 7th instant. I have seen a letter of Lioo. 
Benitez to his wife, dated August 5 at Jiguani, in which he states that they had all 
arrived safely and that the prisoners had been lodged in the municipal buildings. 
Afterward one of our merchants received a letter dated the 8fch from Manzanillo, from 
a brother, who states that he had been prompted to abandon Jiguani and his interests 
at that place because the lives of men were not respected there ; that Colonel Palacios 
had had a Spaniard by the name of Estrada shot without the semblance of a trial, 
also a Spanish sub-lieutenant who interposed to prevent the perpetration of such a 
crime ; the colonel's secretary, it appears, also shared the same fate for Iris officious 
interference ; and finally that all the prisoners sent there from Santiago de Cuba had 
been deliberately massacred. 

Thus far it appears that no official report has been received here in regard to the 
affair at Jiguani, and many persist in maintaining that it is too monstrously barbarous 
for belief. 



£To. 41. 
Mr. Plumb to Mr. Bains. 

No. 123.] Havana, August 24, 1869. 

Referring to my dispatch IsTo. 119, of the 21st instant, and the account 
therewith transmitted of the reported murder of a number of prominent 
citizens of Santiago de Cuba, and their friends and attendants, by order 
of an officer of the Spanish army, while being conveyed as political 
prisoners, at a point a short distance from the headquarters of General 
Valmaseda, the commander-in-chief of the eastern department of this 
island, I beg now to state that, as indicated in that dispatch, I have 
had an interview to-day with the Captain General for the purpose of 
making inquiries with reference to this occurrence. I regret to say that 
I find that the report, to use his own words, of such assassination, proves 
to be true. 

These prisoners were taken from Santiago de Cuba to Bayamo, the 
headquarters of General Valmaseda, and from there were sent by him 
to Jiguani, near which place they and their friends and attendants, in 
all to the number of upward of twenty persons, were, while under the 
escort of a Colonel Palacios, all shot to death by the force under his 
command. 

Upon stating to the Captain General the object of my visit, he informed 
me that so far as he knew, no citizen of the United States was among 
those who had been so executed; that the news of this event had been 
to him the most painful occurrence that had happened to him since his 
arrival here, and had caused him the most regret ; that he had been 
informed from Santiago de Cuba, after the second arrest of the individuals 
referred to, that there were apprehensions for their safety if sent to 
Bayamo, either there or on the road, and that he had immediately, on 
the 5th instant, sent orders that they should not be removed from 
Santiago de Cuba, and to Manzanillo ; that if they had reached that 
point they should at once be sent back to Santiago de Cuba, but these 
orders had unfortunately been too late, that the first information that 
reached him was that the escort had been attacked by insurgents, and 
that in the encounter the prisoners attempting to escape had been shot; . 
that while such information was all that was in his possession, Colonel 
Palacios had arrived here and left by the steamer, for Cadiz, of the 15th 
instant. 

Subsequently information, still not official, had been received that not 



THE REVOLUTION IN CUBA. 61 

merely the prisoners had been shot but also their friends and attendants 
accompanying them, and that there was reason to believe no attack 
upon the escort by the insurgents had been made as was first reported. 
Upon this information, the Captain General added, he had already tele- 
graphed to Spain requesting the apprehension of Colonel Palacios on 
Ms arrival there and his immediate return to this island for due trial 
and punishment. He had also sent an engineer officer of his confidence 
to fully investigate this affair with the most terminant orders and 
full powers. He could not express to me, he said, the regret and 
displeasure this affair had occasioned him. 

I stated to the Captain General that upon hearing of this occurrence 
I had felt it to be my duty, as the representative upon this island of 
the government of the United States, to call upon him for such information 
as he might be willing or able to furnish with regard to an act of a charac- 
ter so calculated necessarily to influence the judgment not only of the gov- 
ernment of the United States but of all nations, with regard to the struggle 
now. in progress here; but that I had felt confident, from the judgment of 
his character my intercourse with him had led me to form, that so deplora- 
ble an occurrence could neither have had his previous knowledge nor 
the slightest sanction in any orders he had issued, and that it could not 
but meet with his highest indignation, and would receive at his hands 
prompt and severe punishment. I also added that the judgment of the 
world would be very much influenced with regard to this aifair by the 
character of the proclamation issued by General Valmaseda in April 
last, which everywhere received such strong condemnation. 

The manifestations made by General Caballero de Ilodas in my inter- 
view with him were so unreserved and his expressions of regret so strong 
that I should do him injustice if I failed especially to mention this; at 
the same time I fear that, under the circumstances now existing here, 
there is little hope that due punishment will reach the really guilty parties, 
or that any adequate security can be provided, however strong and well 
intentioned may be the orders and purposes of the Captain General, 
that such occurrences, under the excited passions that have now been 
aroused on both sides in this struggle, may not be repeated by the acts 
of subordinate commanders. 

As yet no official information regarding this affair appears to have 
reached here. I cannot but think the acting consul at Santiago de Cuba 
must have written to me, but no letter from him later than the 7th 
instant has reached me. 

The French consul general and the acting English consul general both 
have received private letters from their consular officers at Santiago de 
Cuba, giving an account of the affair, but no official advices. They have 
communicated information of the occurrence to their governments. 



No. 42. 
Mr. Plumb to Mr. Davis. 

No. 127. J Havana, August 2G, 1860. 

* * * * * * . * 

This first circular of General Dulce, explanatory of the policy he felt 
called upon to adopt, was accompanied by the publication of an order 
directing the embargo of the property of Morales Lenius and others, 



62 THE KE VOLUTION IN CUBA. 

whose names were mentioned, which had been issued on the first of that 
month. 

This was followed by the publication, on the following day, of a decree, 
dated the 1st of April, requiring that all contracts for the sale of movable 
and immovable property, before being carried into effect, should be pre- 
sented for the revision of the government, and declaring null all contracts 
made without such revision. This was afterward followed by two circu- 
lars relating to the formalities of revision, and extending the same also 
to mortgages. 

In the case of movable property under the above circular, such approval 
or disapproval was to be given within twenty-four hours, and in the case 
of real estate within four days. I do not find that any complaint is 
made on the part of the merchants here with reference to the operation 
of this order, as regards the sales of the products of the country, but, on 
the contrary, the action of the government being prompt, an official 
character and countenance is thus given to the transaction, which, in 
these times, the merchants, as I am informed, consider undesirable. 

A decree was then issued on the 17th of April, creating an adminis- 
trative council for the custody and management of embargoed property, 
which was endowed with full powers in the premises. At the same time 
the members of this commission were named, and the governor of the 
the city, Dionesio Lopez Roberts, was appointed president of the board. 

By a decree issued by General Caballero de Eodas on the 24th instant, 
Governor Roberts has been relieved from this charge, and the Captain 
General has assumed to himself the presidency of the council, and has 
appointed as vice-president the general intendant of the treasury of this 
island, an officer who has very recently arrived here from Spain. 

Rut the most important of the measures of embargo is the circular 
issued by General Dulce, on the 20th of April, which in its first article 
declares comprehended in the circular of the 15th of that month, with 
reference to the embargo of the property of Jose" Morales .Lemus, and 
others, all individuals against whom it may be proved that they have 
taken part in the insurrection, either within or without the island, and 
whether with arms in the hand, or aiding it with arms, munitions, money, 
and articles of subsistence. 

Article second excepts from the preceding provisions those who have 
been amnestied or pardoned. 

Article third prescribes that the individuals comprehended in article 
first shall remain deprived of the political and civil rights which they 
have enjoyed under the laws, and that this resolution shall take effect 
from the 10th of October last, when the insurrection commenced at 
Yara, or from the date when it may appear that they took part in the 
preparations for the insurrection. 

And article four requires that all contracts made by said individuals, 
from the dates above indicated, shall be presented for the revision of 
the government within three days subsequent to the publication of the 
circular. 

In this circular it is provided that separate proceedings shall be 
formed against each individual, and that only when proof is shown of 
the culpability of the delinquent shall the embargo of his property be 
declared. The formalities of embargo are also prescribed in this circu- 
lar. Article twenty-two states that the embargoed property shall be re- 
sponsible, in the first place, for the necessary expenses of its preserva- 
tion and working, including the current and over-due taxes ; and in the 
second place, for the payment of the debts contracted by the owner 



THE REVOLUTION IN CUBA. 63 

before the dates referred to in article three, that is, of his complicity 
with the insurrection. 

In article twenty-three it is provided that when the creditor is not 
himself a person subject to embargo he shall prove his claims before the 
governor or lieutenant governor, who shall give account to the presi- 
dent of the administrative council, in order that directions may be issued 
for payment to be proceeded with. 

The avowed purpose of these measures of embargo is to prevent the 
use, for insurgent purposes, during the continuance of the insurrection, 
of the income, products, or avails of any property situated within the 
control of the Spanish government. 

The embargo, it is claimed, is not laid unless there is, in each in- 
stance, proof that the person against whom the measure is had has 
taken part in favor of tbe insurrection. 

And the Captain General has informed me, if it can be shown in any 
case that such evidence is not well grounded, the embargo will be raised, 
and any income or proceeds of property received will be returned by the 
government. It is also claimed that while the embargo may be the 
occupation of the revenue or the proceeds of property, it is not the con- 
fiscation of the property itself, which, in the case of real estate, by 
descent would still freely pass to innocent heirs ; and that it is not. 
designed to affect the interests of any innocent third party. 

But while the circular of the 20th of April is in some respects retro- 
active, there is also ground for the belief that practically its dispositions 
in many instances amount to confiscation. 

This is shown by the order of the Captain General of the 3d instant, 
authorizing a new loan of six millions of dollars from the Spanish bank, 
******* 

which, in addition to the war tax and export duties, pledged as a guar- 
antee for the previous loan of eight millions of dollars, now pledges 
" the proceeds of the property embargoed of those hostilely disaffected 
to the national integrity." 

******* 



No. 43. 
Mr. Plumb to Mr. Davis. 

No. 129.J Havana, August 27, 18G9. 

For some time past the information has been increasing that as a 
political measure in the struggle in progress upon this island, the burn- 
ing and destruction of property, and especially of houses and sugar 
estates, has been deliberately resolved upon. It now appears probable 
that this plan may very soon be extended to the richest and most largely 
producing districts. 

I need not call the attention of the department, by whom this subject, 
so far as it relates to the government and to the interests of the citizens 
of the United States, has doubtless already been considered, to the 
immense loss that by such a system of warfare will be inflicted not only 
upon peaceful industrial interests upon this island, and upon the wealth 
and importance of the island itself, but also upon the vested and exten- 
sive commercial interests here of all nations. 



64 THE REVOLUTION IN CUB<\„ 

No. 44. 

Mr. Plumb to Mr. Davis. 

No. 135.} Havana, August 31, 1869. 

The newspapers of last evening and this morning have published a 
document, said to have been found among the papers of a captured 
insurgent leader, purporting to be a communication addressed by the 
chief insurgent authority to their different military leaders, under date 
of the 4th of May last, containing a general basis of administration, and 
recommending certain plans for the prosecution of the insurrection, 
among which the most notable points are the destruction of towns as a 
system, and the instigation of risings on the part of the blacks and 
Asiatics. 



[Translation.! 

[From the Diario de la Marina, Havana, August 30, 1869.] 

We publish below one of the documents taken from the rebel leader Calleja3: 

Office of the Secretary of State. 

[No. 132.] 

On the 12th day of March the citizen C. M. de Cespedes, now President of the Repub- 
lic, and then general-in-chief of the liberating army of Cuba, and provisional governor, 
addressed a communication to the Central Revolutionary Junta of Havana, which 
contained the following : 

1. The territory extending from the dividing line between Camagiiey and Sancti 
Spiritus to Cape St. Antonio, shall be divided into three military districts, each one 
under the command of a general directing operations, who shall have the privilege of 
appointing a second in command, and such other subalterns as he may require, submit- 
ting said appointments to my approval. 

The first shall be called Trinidad, and shall comprise the territory between the said 
.limits and the line dividing Cienfuegos from Colon. The second shall be called th» 
Havana district, and shall extend to the line dividing Guanajay from San Cristobal ; 
and the third shall be called the district of Pinar del Rio, and shall extend from th» 
said line to Cape San Antonio. 

2. These generals shall report to me directly all operations undertaken by them, besides 
communicating with the Central Revolutionary Junta of Havana for whatever may be 
necessary. They shall propose to me the districts in which it may seem proper to divide 
their departments, and likewise the persons whom they may select to take command 
of the same, in the capacity of commandants or deputy governors, also giving informa- 
tion thereof to the said central junta, lest the latter might have some objection to make. 

3. The commandants will receive instructions from the said junta with regard to all 
matters relating to their administration, and the junta will report its determinations 
to me. In case communication with that body should be cut off, they will communi- 
cate with me directly, and should this not be possible, with the chief of operations to 
whose district they belong. 

4. In each district there shall be appointed a quartermaster dependent upon tha 
quartermaster general, to whom (i. e,, the quartermaster general) the central junta 
shall report in order that he may inform me of the communications of these function- 
aries, who shall be in direct communication with the central junta aforesaid. 

The quartermasters shall appoiut officers, collectors, commissaries of war, and pur- 
veyors in the manner and for the purposes for which provision has been made, obeying 
the orders issued by the quartermaster general, barring the exceptions which may bo 
specially required by each locality. 

5. A postal system shall lie organized, postmasters shall be appointed, and the neces- 
sary post offices established. 

6. A judicial and municipal government shall likewise be organized wherever it may 
be possible. 

7. A police system shall likewise receive due attention. 

8. The system of the extinct Spanish government shall be everywhere observed, it 



THE REVOLUTION IN CUBA. 65 

being interpreted in the most liberal sense possible, until some other determination be 
reached for the- future government of the Cuban Republic. 

9. The central junta shall represent this provisional government, and shall make 
the appointments belonging to it, subject to my approval, until the meeting of a con- 
gress, representing the people of the island in proportion to the number of inhabitants. 

10. From this time forward all liberties are established in their widest sense, subject, 
however, to the state of war in which the public now is. 

All appointments now made shall be merely provisional, and shall impart no charac- 
ter and give no claim to any compensation until congress shall have decided upon 
what it may think proper. 

Now the C. (citizen) President, Carlos M. de Cespedes, in his new capacity, consider- 
ing it exceedingly important to have that 'State governed in all branches of adminis- 
tration in a manner similar to the one observed in the rest of the republic, has 
determined to modify the preceding rules with respect to Las Villas (villas — literally, 
chartered towns) limiting their number to eight, introducing in them the changes 
given below. 

In the first the military district shall be called the district of Las Villas, and not 
of Trinidad, and shall consist of six military divisions, entitled : 

Moron and Sancti Spiritus. 

Remedios. 

Cienfuegos. 

Trinidad. 

Sagua. 

Villaclara. 

The general-chief of operations shall have the privilege of appointing a second in 
command, a chief of staff, and such other subalterns as he may require, submitting these 
appointments to the approval of the executive. 

2. The chief of operations shall no longer be required to report to the central junta 
of Havana, the said chief reporting, instead, all military matters to the secretary of 
war and to the general-in-chief of the liberating army. The chiefs of division shall 
make reports to the chief of operations, and shall receive them from their subalterns, 
requiring them if they be not made. 

Instead of a commandant, a governor of the state has been chosen ; instead of dep- 
uty governors, there shall be prefects : and instead of district captains, sub-prefects. 
Where there are prefects, the chief of operations shall appoint military commanders ; 
the former shall attend to political (civil) and the latter to military matters. In like 
manner the governor shall attend to civil and the chief of operations to military 
affairs. 

The governor shall appoint the prefectures and sub-prefectures into which it may be 
proper to divide the country; and as the saving of time is important, the system shall 
be inaugurated without delay, and the appointees shall discharge their functions, their 
appointments being subsequently referred to the President for his approval. 

3. This is hereby declared null and void. 

4. There shall be appointed, not a quartermaster, but a director of finance, who shall 
communicate with and receive his instructions from the secretary of finance only ; 
and until his appointment the civil governor of the state shall perform his duties. 
The latter, or the director of finance in his stead, shall appoint officers., collectors, 
commissaries of war, and purveyors, in the manner indicated by the article, making a 
report of the same to the proper office, with the understanding that the department of 
finance is in no way connected with that of military affairs. 

The commissaries of war are appointed solely that they may be the channel through 
which in all cases the military chiefs may ask of the department of finance what they 
may require for the army. 

5. The postal service shall be organized by the appointment of a postmaster general, 
subject to the secretary of the interior. He shall select his employe's and establish 
the necessary offices, and report everything to said secretary of the interior. 

6. 7, and 8 remain unchanged. 

9 is declared null and void. 

10 remains unchanged. 

By this latter, martial law is declared in force, which notice is printed in order that 
it may be punctually observed, since we are driven to this extreme by the barbarous 
enemy whom we are fighting. 

The rules which are preserved bear the same numbers as those which have been sup- 
pressed. 

For the fulfillment of these orders the President has appointed as chief of operations 
C. Juan Villegas; as chief of the division of Moron y Sancti Spiritus, C. Honorato Cas- 
tillo; of Remedios, C. Mateo Casanova; of Cienfuegos, C. Adolpho Cavada; of Trini- 
dad, C. (C.=citizen) Fredirico Cavada; of Villaclara, C. Salome Hernandez; of Sagua, 
C. Fernando Callejas. 

These individuals shall continue to occupy the rank which they have hitherto held 

S. Ex. Doc. 7 5 



66 THE EEVOLUTION IN CUBA. 

in the liberating army, with the exception of Callejas, on whom the executive has 
conferred the rank of colonel; and when the army shall be definitively organized, 
their proper positions shall be assigned them. 

The C. Joaquin Morales has been chosen governor of the state, and the C. President 
confirms this appointment. 

The chief of operations is requested to forward to me at once an exact statement of 
all the forces of the district, and of their arms, munitions, and clothing ; taking care, 
as is done by the chiefs of division, to organize his troops in battalions, companies, 
&c, and to obtain good drill-masters to instruct them when their services are not 
otherwise required. 

We are assured that Remedios is without any Spanish force. The C. Casanova will 
judge whether by an energetic movement it is possible to seize this place, in order to 
cause it to disappear (i. e., destroy it) entirely, after having put to good use all that it 
contains, as must be done with all the towns that fall into our power, since we cannot 
hold them for lack of means, and since the enemy uses these centers as strongholds 
whence to resist and persecute us. 

It is very necessary to hasten the operations of the war, that our enemies may effect 
no concentration here, as they intend, and that they may be divided ; for when they 
are divided, and thereby weakened, their annihilation and total destruction will be 
more easy. 

Let not only towns, but also strong country houses, where the enemy may desire to 
seek shelter, be destroyed with fire and the pickaxe. 

Thus the enemy will never occupy the republic, and the persecution which has been 
commenced against families therein sheltered, while he (i. e., the enemy) carefully avoids 
all contact with our soldiers, will be accomplished with much greater difficulty. Let 
the arms be collected which are hidden, under whatever pretext, by private individuals 
or chiefs, for the persons holding them, who are not fit for military service, can be other- 
wise employed. Let the laborers on estates be encouraged to rise ; let serviceable 
freedmen remain in Las Villas for military service, and let others be sent to Camaguey, 
so that their former masters may lose all hope of recovering them. The person send- 
ing them need only communicate this fact to the chief of operations, and the latter to 
the governor of the state. 

Asiatic laborers should also be taken. 

The director of finance, and now in his stead the governor of the state, is re- 
quested to collect all sorts of supplies, both of money and provisions, to aid the revolu- 
tion and encourage the contraband trade on our coasts, without neglecting due vigi- 
lance, in order that the enemy may not learn through this trade the position of those 
places, and thus cause us injury. 

Let each chief aid the others ; let them maintain fraternal harmony among them- 
selves ; let them keep up a constant correspondence ; let them report everything ; let 
them pass from one jurisdiction (i. e., district) to another, when the interest of the 
cause requires it ; and let them fulfill all orders in obedience to the present general 
plan, and in cases for which provision is not made let them use the discretionary 
powers with which they are invested by the Executive. 

I send this to the Captain General, and hope you will be pleased to acknowledge his 
receipt of the same. 

P and L. -Patria y libertad ! Our country and liberty! 

BERROCAL. 

May 4, 1869. In the absence of the Secretary, 

THE SECRETARY OF FINANCE. 

To the C. Colonel Fernando Callejas. 



No. 45. 
Mr. Plumb to Mr. Davis. 

No. 139.] HAVANA, September 1, 1869. 

I beg to transmit to you, herewith, a copy of a letter under date of 
28th ultimo, received to-day from the acting United States consular 
agent at Manzanillo. 

It contains some general information of interest, and is confirmatory 
of the assassination of the unfortunate prisoners from Santiago de Cuba, 

and their friends, at Jiguani. 

#■#**##*## 



THE REVOLUTION IN CUBA. 67 

Mr. Bithorn to Mr. Plumb. 

Manzajstillo, Cuba, August 28, 1869. 

I am sorry to say that the political condition of this town and district remains in the 
same confused state, much to the detriment of commerce and agriculture, and with the 
great mortality among the Spanish forces, rainy weather, and had roads, which impede 
all military operations, as well as a reluctance of the natives to show open fight, this un- 
fortunate struggle, without mightier interference, threatens the utter ruin of the 
country. 

There is very little, if any, information, to he gaiued of military proceedings in the 
interior, although I have heard of acts of violence and barbarity, such as the massacre 
of captives without any trial, some of which came from Santiago to undergo their trial 
at Jiguaui, and, as is stated, were shot, even with those who accompanied them, par- 
ticulars of which no doubt you will have learned through the United States acting 
consul at Santiago, who, I am told, together with the representatives of other nations, 
interfered in their behalf. 



No. 4G. 
Mr. Lopez Roberts to Mr. Fish. 

[Translation.] 

Washington, September 18, 1869. 

The undersigned, envoy extraordinary and minister plenipotentiary of 
Spain, to-day addresses the honorable Secretary of State of the United 
States, with the design of submitting to his judgment certain important 
considerations relative to the declaration of belligerent rights which, as 
it appears, it is intended to grant to the insurgents of Cuba. * * * 
He should fail to perform his duty as the representative of Spain in this 
republic, he would be unmindful of the great liberal cause for the triumph 
of which his government is now fighting, unmindful of the traditional 
friendship which, since 1789 until now, has united Spain to the United 
States, if he kept silence at the announcement of so important a resolu- 
tion. 

I do not flatter myself, on taking up this subject, to be able to present 
to your consideration any arguments which shall be new and hitherto 
unknown to you ; for my object it is more than sufficient for me to have 
recourse to those arguments furnished me by the history of North 
American politics themselves. The honorable Secretary of State is 
doubtless not ignorant of the favorable opinion which the world enter- 
tains of American neutrality, commenced by those great men Washington 
and Hamilton, during the war of the French revolution, which neutral- 
ity was continued afterward by Presidents Madison and Monroe, at the 
time of the struggle between Spain and her insurgent American posses- 
sions, and which, still later, was seen confirmed with great brilliancy in 
the recent diplomatic controversy with England, in which the Hon. 
William H. Seward, his immediate predecessor the Hon. Charles 
Francis Adams, minister of the United States at London, and the Hon. 
Charles Sumner, chairman of the Committee on Foreign Affairs in the 
Senate, did, with great intelligence and with force equal to that of the 
first-named statesmen, sustain the principles of that neutrality. 

What is the doctrine constantly defended and expounded by these 
illustrious authorities ? I cannot define it better than iu the following 
words of Mr. Charles Francis Adams. (See the original words of Mr. 
Adams at the end of the Spanish document.) 



68 THE REVOLUTION IN CUBA. 

The doctrine set forth in these lines by Mr. Charles Francis Adams is 
that of all the principal statesmen of America ; all believe belliger- 
ence is a fact, and not a principle 5 and in support of this they say : " That 
it must be proved that the causes for making such declaration exist and 
are visible: it (belligerence) can therefore neither be imagined, nor 
guessed at nor invented ; its existence must be a fact, and be recognized 
as such by the world, or at least it must be of such a nature that it may 
be considered as a fact." And the same authorities add: "That it can- 
not be inferred from the fact that belligerence exists on land that it also 
exists at sea." " Such is the rule, " says Mr. Sumner, " so simple, clear, and 
intelligible, as it has been established by Mr. Canning." Thus, then, the 
proof with regard to the facts of the causes for a declaration of belliger- 
ent rights must always precede the declaration ; belligerent rights are 
not made on presumption; their existence must be proved. Again, con- 
sidering the whole American doctrine on this important question, Mr. 
Richard H. Dana has defined in the following manner the conditions 
which must precede a declaration of belligerent rights. (See original 
texts at the end; extract from the Elements of International Law, by 
H. Wheaton.) 

And why all these precautions ? The same writers on international 
law, and the most illustrious American statesmen, both tell us in the 
following terms : " If a single one of those guarantees of impartiality fails 
to exist, the element foreign to the struggle is that which should take 
part in the cause of the insurgents and give them aid." 

If belligerence is a question of fact, and not of principle, how can an 
American statesman at once renounce his country's traditions of the 
policy of neutrality in the matter of the insurgents of Cuba? 

I am not ignorant of the fact that their agents and emissaries in the 
United States publicly declare the existence of an established govern- 
ment. But has the truth of this assertion been investigated ? Has an 
attempt even been made to do so? And if it has been done, if other 
documents are possessed which do not proceed from a suspicious source, 
why are they not published in the United States ? In this way it would 
be possible to enlighten the opinion of the rest of the world, which is 
now in the most complete darkness with respect to the matter. It is cer- 
tainly not in treating with the descendants of those who signed the 
declaration of their country's independence, and conquered their freedom 
at the price of so much blood, that I must longer insist upon the condi- 
tions which a new government just establishing itself requires. 

The bands of rebels roaming throughout the eastern department of 
the island of Cuba have not a single line of communication with the sea. 
Where, then, are their ports, or their ships, or their prize court? The 
fertile imagination of their agents in the United States has as yet fur- 
nished no reply to these questions. 

I must now compare the policy pursued in 1861 by the Spanish gov- 
ernment toward the United States with that which the government of 
this republic now appears inclined to put into practice with respect to 
Spain. . At the outbreak of the civil war in this country, England and 
France took the initiative, granting belligerent rights to theso-called con- 
federates, whom they considered as being organized. Prussia made the 
same declaration on the 13th of June. Spain could not, by reason of 
her geographical and maritime situation, longer abstain from making a 
similar concession, without exposing herself to the gravest complications ; 
but she declared, in doing so, that she desired to maintain the mutual 
sentiments of friendship prevailing between Spain and the republic, 
these sympathies being clearly shown by the subsequent acts of the 



THE REVOLUTION IN CUBA. 69 

Spanish government, which proved that its policy recognized as its base 
the most friendly feeling toward the cabinet at Washington. This con- 
duct was so manifest that its proof is found in the diplomatic correspond- 
ence published by the federal government. 

Mr. Perry wrote from Madrid, June 19, 1861, to the Honorable Mr. 
Seward, as follows: (See original at the end of the Spanish paper.) 

Mr. Schurz, United States minister at Madrid, shortly afterward 
wrote to Seiior Calderon Collantes, the SpanisTi minister of state, (July 
31, of the same year,) as follows: (See original which accompanies the 
Spanish paper.) 

If the present Spanish government is, to a certain extent, responsible 
for the political acts of the one which it replaces, much less can the 
honorable Secretary of State disregard the declarations made by his 
predecessor in the name of President Lincoln, and excuse to-day, by 
that course then appreciated in a manner so favorable for the United 
States by the President and Secretary of State, so grave a political act 
as the one in question, which cannot be explained, much less justified 
by the actual situation of Cuba. Nor can any distinction be made 
between an insurrection breaking out in an integral part of the national 
territory, and in a colouy. Those publicists who have written upon this 
international point admit nothing of the kind; all adhere to the doctrine 
expressed by Vattel in the following form: 

"When a nation," says he, "takes possession of a distant territory 
and establishes a colony there, this country, although separated from 
the mother country, forms a part of the state equally with its former 
possessions." 

Therefore, neither can the American doctrine of neutrality, nor the 
precedents found in the federal policy, nor the situation of the island of 
Cuba, nor the course pursued by Spain toward the United States, 
justify a resolution of this serious character, viz: the accordance of 
belligerent rights to the roving bands of insurgents in Cuba. 

Whence arises, then, that resolution which the federal government is 
apparently on the eve of adopting! These are questions which, with all 
due delicacy, I will take the liberty of answering in the following terms: 

First. Certain malcontent Cubans have established themselves in the 
United States, especially in New York, and these are endeavoring by 
every means in their power, not to conquer their independence by their 
own efforts, but to gain at present the sympathies of the American peo- 
ple in order afterward to seek the aid of this government for their cause. 
The history of what has taken place in the last few months is the clearest 
proof of this. In a state of peace, it has been seen with astonishment 
that associations were pnblicly organized in many ports belonging to a 
friendly nation, said associations being composed of the agents of the 
insurgents, with no other object than that of directing their attacks 
against Spain. Enlistments of men have also taken place during whole 
weeks, as if the object were to form expeditions authorized by law, and 
consequently with the consent of the authorities. These emissaries have 
carried their spirit of speculation so far as to take advantage of the good 
faith of emigrants from Europe, sending them to fight in Cuba under 
command of the so-called General Jordan, and other officers who fought 
on the side of the South in the civil war. Hostile demonstrations have 
likewise been suffered to take place against a nation which in 1861 had 
not even allowed (in order not to wound the susceptibility of the United 
States) the title of belligerents to be given to an insurgent population 
numbering six or seven millions of whites, who occupied a third of the 
territory of the republic, and were in possession of such resources that 



70 THE EE VOLUTION IN CUBA. 

they were only conquered by prodigies of valor, military talent, and 
heroic perseverance ; and, after having seen the departure of various 
filibustering expeditions in broad day-light, and unmolested, from New 
York and other federal ports, the minister of Spain finally found himself 
obliged, by the incomprehensible apathy of the authorities, to take the 
initiative in order to prevent these repeated infractions of the neutrality 
laws ; but he will not now insist on these facts, to which at the proper 
time he will call the attention of the honorable Secretary of State. 

Secondly. If the duties of every foreign power, with respect to a 
rebellion carried on against a regular and legitimate government, oblige 
said power to abstain from all participation in such rebellion, as was so 
aptly said by the Hon. Charles Francis Adams, avoiding in this manner 
the exercising of any influence on the result by the element foreign 
to the struggle, the honorable Secretary of State must have deeply 
regretted the extravagant demonstrations which have been seen in a 
large portion of the country, and which have been echoed by the press. 
He will also sincerely regret that the Cuban emissaries have gone so far 
as to compromise the reputation for impartiality (without doubt well 
deserved) of persons holding high official positions, boasting, doubtless 
without any reason, of being in possession of important confidential 
information with regard to political affairs, and to have knowledge of 
plans, the accomplishment of which they predicted with great confidence. 
With this view, I take the liberty of calling your attention to a letter 
from Mr. Dallas, (May 2, 1861,) then minister of the United States in 
London, to Mr. Seward. (See original texts for what is designated 
above, and for Mr. Seward's reply.) 

Thirdly. Finally I am about to treat of the question of belligerent 
rights, which is the most important matter of these observations. Why 
do the Cuban agents solicit these with so much urgency? Why do they 
not hesitate to employ calumny in order to compromise the government 
of the United States in favor of their cause? Why do they not recoil 
(so that they may accomplish their object) at the danger of employing 
means which are punished by the laws ? The reply to these questions 
is, that the Cuban agents stand in the most pressing need of the aid of 
the United States; that what they seek and require is the moral par- 
ticipation, at least, of the American Union in their struggle with Spain; 
which, hitherto, has attained no proportions save those given it by the 
reports of victories of the Cuban insurgents, manufactured at Key West 
and in New York, and which, under pretext of obtaining the title of 
belligerents, only tend to cause the United States to abandon that policy, 
the strict observance of which is dictated by the law of nations as 
taught and practiced by themselves. Thus, then, before closing these 
considerations relative to the announcement of the concession of bellig- 
erent rights to the insurgents of Cuba by the United States, it seems 
fitting to me to copy, in addition, the words addressed, September 18, 
1865, by Mr. Charles Francis Adams, minister of this republic in London, 
to Lord John Russell. (See end of Spanish document.) 

The undersigned avails himself of this opportunity to reiterate to the 
honorable Secretary of State the assurances of highest consideration. 

MAURICIO LOPEZ ROBERTS. 

Hon. Secretary of State of the United States. 



THE KE VOLUTION IN CUBA. 71 

I 

[Inclosure. ] 

Extract from the correspondence of the Hon C. F. Adams, envoy extraordinary and min- 
ister plenipotentiary of the United States, with Lord Russell, minister for fore'ujn affairs of 
England, respecting the Alabama, on September 18, 1865. 

Page 155. " Whenever an insurrection against the established government of a coun- 
try takes place, the duty of governments under obligations to maintain peace and friend- 
ship with it appears to be at first to abstain carefully from any step that may hare the 
smallest influence in affecting the result." Whenever facts occur of which it is necessary 
to take notice, either because they involve a necessity of protecting personal interests 
at home, or avoiding an implication in the struggle, then it appears to be just and right 
to provide for the emergency by specific measures precisely to the extent that may be rcguircd, 
but no further. It is, then, facts alone, and not appearances or presumptions, that justify 
action. But even these are not to be dealt with further than the occasion demands. A rigid 

neutrality in whatever maybe done is of course understood. 

*********** 

Such appears to me to have been the course rigidly adhered to by the government 
which I have the, honor to represent in the long struggle that took place between Spain 
and her colonies in South America. On which side of it the sympathies of the people 
were, cannot admit of a doubt, yet the respective dates which your lordship has been 
kind enough to search out and record in your note, sufficiently established the fact how 
carefully all precipitation was avoided in judging of the issue in regard to the mother 
country. 



Extract from the Elements of International Law, by Henry Wlieaton, LL. D. 

Part I. — Nations and Sovereign States. 

Page 23. It is certain that the state of things between the parent state and insur- 
gents must amount in fact to a war in the sense of international law — that is, powers and 
rights of war must be in actual exercise — otherwise the recognition is falsified, for the 
recognition is a fact. The tests to determine the question are various. 

*********** 

Among the tests are the existence of a de facto jiolitical organization of the insur- 
gents, sufficient in character, population, and resources, to constitute it, if left to itself, 
a state among the nations, reasonably capable of discharging the duties of a state ; the 
actual employment of military forces on each side, acting in accordance ivith the rules and 
customs of war, such as the use of flags of truce, cartels, exchange of prisoners, and the treat- 
ment of captured insurgents by the parent state as prisoners of war. 



Extract of a note written by Mr. Perry to Mr. Seward, dated Legation of the United States, 

Madrid, June 17, 1861. 

The minister of state has to-day, while acknowledging that its provisions are in great 
part taken from the French decree, drawn my attention to the fact that he has avoided 
the use of the expression belligerents as far as possible, or any other which could be con- 
sidered as prejudging the question of right in any manner. 



Extract from a note of Mr. Schurz to Seiior Calderon Collantes, dated Legation of the United 

States, Madrid, July 31, 1861. 

Sir : Yesterday I received a dispatch from the secretary of state of the United States, 
informing me that the President has read with the greatest satisfaction the proclama- 
tion of her Catholic Majesty's concerning the unfortunate troubles that have arisen in 
the United States, and it affords me the sincerest pleasure to express to your excellency 
the high sense which the President entertains of her Majesty's prompt decision and, 
friendly action upon this occasion. 



72 THE REVOLUTION IN CUBA. 

Extract from a note of Mr. Dallas to Mr. Seward, dated Legation of the United States, Lon- 
don, May 2, 1861. 

He (Lord Russell) told me that the three representatives of the southern confederacy 
were here ; that he had not seen them, but was not unwilling to do so unofficially. 



Extract from a note of Mr. Seward to Mr. Adams, dated Department of State, Washington, 

May 21, 1861. 

The President regrets that Mr. Dallas did not protest against the proposed unofficial 
intercourse between the British government and the missionaries of the insurgents. 

*********** 

Intercourse of any kind with the so-called commissioners is liable to be construed as a 
.recognition of the authority which appointed them. Such intercourse would be none 
the less hurtful to us for being called unofficial, and it might he even more injurious, because 
we should have no means of knowing what points might be resolved by it. 

*********** 

You will in any event desist from all intercourse whatever, unofficial as well as offi- 
cial, with the British government, so long as it shall continue intercourse of either kind 
with the domestic enemies of this country. 



Extract from the correspondence between the Hon. Mr. C. F. Adams, American minister, and 
Earl Russell, Minister for Foreign Affairs of England, respecting the Alabama, dated Lega- 
tion of the United States, London, September 18, 1865. p 

****** 

But entertaining as I do a strong impression that in the matter now at issue is 
involved a question of international comity based upon grave principles of morals of universal 
application, the decision upon which is likely to have a very wide bearing upon the future relations 
of all civilized nations, and especially those most frequenting the high seas, I feel my- 
self under the necessity of placing upon record the views of it held by the government 
which I have the honor to represent. 



No. 47. 
Mr. Fish to Mr. Lopez Boberts. 

Washington, October 13, 1869. 

The undersigned, Secretary of State of the United States, has the 
honor to acknowledge the receipt of the note of Mr. Roberts, envoy 
extraordinary and minister plenipotentiary of Spain, under date of 18th 
September, which was received on the 25th of that month, on which 
day the undersigned left Washington for a temporary absence. 

Mr. Roberts states the object of his note to be the submission of 
"certain important considerations relative to the declaration of belliger- 
ent rights which, as it appears, it is intended to grant to the insurgents 
of Cuba," 

Mr. Roberts does not state how or whence appears the intention, which 
in various parts of his note, with more or less force of expression, but 
always with equal and entire absence of proof, or of facts in support 
thereof, he assumes to be formed, and attributes to this government. 

It might be a sufficient answer to say, that no intention to grant bel- 
ligerent rights to the insurgents of Cuba has been announced by this 
government. It is a more perfect answer to say that no such intention 
has been reached by this government. 

The undersigned has read with interest the "important considera- 



THE REVOLUTION IN CUBA. 73 

tions " submitted by Mr. Roberts, and observes with great satisfaction 
the appreciation by that gentleman of the strict observance by this gov- 
ernment of its international obligations of neutrality; and he notices 
farther with equal satisfaction, that Mr. Roberts draws the most of his 
authority in favor of the observance of those neutral obligations from 
the precedent furnished by this government, and from the diplomatic 
correspondence of this department and its representatives. 

Mr. Roberts, in various parts of his note, attributes to this govern- 
ment an intention which is not warranted by any declaration or act of 
the government, and which is justified only by Mr. Roberts's appreciation 
of the demands made upon it, or by the unduly excited hopes of some 
and apprehensions of other persons. 

In this view he compares the policy pursued by Spain in 1861 with that 
which he assumes this government now appears inclined to put in prac- 
tice with respect to Spain. 

The undersigned would have desired not to draw any comparison ; but 
if one is to be drawn, it should be between the policy actually pursued 
by the respective governments, and not between that which has been 
adopted by Spain, and that which Mr. Roberts imagines the United 
States may be inclined to put in practice. 

Referring to the concession of belligerent rights by Spain to the south- 
ern insurgents during the recent civil war in the United States, Mr. Roberts 
says it had been preceded by a similar concession on the part of Great 
Britain, France, and Prussia, and that " Spain could not by reason of 
her geographical and maritime situation longer abstain from making." 

This concession was made by Spain on the 17th day of June, 1861, 
only sixty-six days after the assault on Fort Sumter, the outbreak of the 
rebellion, and which was the oniy combat or conflict of arms of which 
any account had reached Europe at the date of Spain's action in the 
matter ; a single and a bloodless combat, an attack upon a handfull of 
half-starved men, being the extent of war on which Spain based the 
" fact of belligerency." 

It is true that Great Britain and France may have been more precipi- 
tate even than Spain, in their haste to grant belligerent rights to the 
insurgents of the United States ; and the example of these monarchies 
of the Old World may be pleaded by the Republics of Peru, Chile, and 
Bolivia, in the New, in their proceeding towards Cuba, with the difference 
in favor of the latter, that they waited for months, instead of days, and 
until scores of conflicts had been fought, and the slain were numbered 
by thousands. 

The United States have not followed these or any similar precedents. 
When Mr. Roberts alludes to the "geographical and maritime situation 
of Spain" as presenting the necessity for her action in June, 1861, the 
undersigned is forced to admit that the geographical and maritime sit- 
uation of a neutral power may become a controlling consideration in de- 
ciding its attitude towards parties engaged in a civil conflict, within the 
limits of another power. The United States have felt and still feel the 
force of this consideration, in its bearing upon the pending conflict in 
Cuba. But in this connection the undersigned is compelled to ask him- 
self the question, whether the scene of conflict in the southern States 
was nearer to the possessions of Spain, in 1861, than the scene of the 
present conflict is to the territory of the United States ; and he fails to 
see that the maritime situation of Spain was as ftitimately affected by 
the civil war in the United States, as the maritime situation of the 
United States is affected by that which rages in the neighboring island 
of Cuba. 



74 THE EEVOLUTION IN CUBA. 

The civil war in Cuba has continued for a year; battle after battle has 
been fought, thousands of lives have been sacrificed, and the result .is 
still in suspense. But the United States have hitherto resisted the con- 
siderations which, in 1861, controlled the action of Spain, and deter- 
mined her to act upon the occurrence of a single bloodless conflict of 
arms and within sixty-six days from its date. 

Riquelme, one of the ablest modern writers on international law, (one 
for whom the world is indebted to Spain,) says "that foreign interven- 
tion in civil wars may be excusable when the interest of humanity evi- 
dently requires it, or when the essential interests of a state are injured 
by the civil war of a neighboring power." No claims of humanity were 
alleged as calling fof intervention in the civil war in the United States ; 
on the contrary, humanity called for the repression of a rebellion whose 
avowed object was the enslavement and oppression of a race. 

The undersigned has not now to remind Mr. Roberts of the frequency 
with which, in the interest of humanity, he has been obliged to remon- 
strate against the atrocities and the cruelties which have attended the 
conflict in Cuba for the past year; and if these cruelties and this inhu- 
manity have not been confined to one party to the conflict, the force of 
the justification for intervention assigned by the eminent Spanish au- 
thority referred to, has been so much the more pressing. 

The United States have not acted upon this justification assigned by 
Eiquelme, nor by that other of neighborhood, although the scene of 
strife lies at their very threshold, but have acted upon their early estab- 
lished policy, under which, in the beginning of their history, in the 
absence of any municipal enactments on the subject, and in advance of 
other nations, they set the example of repressing violations of neutrality 
to the prejudice of nations with whom they were at peace. This proud 
feature in their history, and their strict adherence to it during subse- 
quent years when Spain was engaged in war with her revolted prov- 
inces, are candidly admitted by Mr. Roberts. 

This principle has controlled their proceedings with regard to the war 
in Cuba. It does not, however, admit the indefinite protraction of a 
conflict in a contiguous territory, such as that which has existed for the 
past year in that island — a conflict marked with cruelties and destruc- 
tion and devastation without parallel in modern civilized warfare. To 
quote again the language of Riquelme, " Humanity and the essential 
interests of other powers may at length compel their action." 

The friendship of the government of the United States for Spain, 
unbroken during its existence as a nation, has led it to hope for a dif- 
ferent solution to the difficulties with which its ancient ally now finds 
herself involved. It still hopes and will continue to hope for such solu- 
tion. It must, however, reserve for the future its independent action as 
a sovereign power. The future of the contest, and of its conduct, will 
determine the future course of this government. 

The undersigned cannot close this note without the expression of 
regret that a part of Mr. Roberts's note seems to have been written 
under a misapprehension of facts that have occurred, as well as of the 
spirit and operations of a government founded upon liberal principles, 
and acting under constitutional and limited powers. 

The United States freely offer an asylum to the oppressed of all nation- 
alities; many of the subjects of Spain have availed themselves of that 
asylum; and if, as Mr. Roberts alleges, they or some of them have 
abused the hospitality extended alike to aE, this is not the fault of the 
United States. 

This government allows freedom of speech and of action to all, citi- 



THE REVOLUTION IN CUBA. 75 

zens or strangers, restricted only to the observance of the rights of others, 
and of the public peace. The Constitution of the United States secures 
to the people the right peacefully to assemble, and also to keep and bear 
arms ; it secures them in their persons against unreasonable search and 
seizure, and provides that no warrant shall issue but upon probable 
cause, supported by oath or affirmation, and that no person shall be 
deprived of life, liberty, or property, without due process of law. 

If certain malcontent Cubans (subjects of Spain) have misconstrued 
and abused the privileges thus accorded by a liberal government, the 
undersigned need not remind Mr. Eoberts what the occurrences daily 
reported from across the ocean are showing — that governments cannot 
always restrain their malcontent subjects or residents. Laws will be 
broken at times ; and happy is that form of government that can con- 
trol the tendency of evil minds, and restrain, by its peaceful agencies, 
the violence of evil passions. 

The undersigned is forced to admit, with regret, that an unlawful 
expedition did succeed in stealthily escaping from the United States, 
and landing on the shores of Cuba. It escaped from the United States 
without having attracted any notice or suspicion on the part of the gov- 
ernment or its officers or agents, and, as the undersigned believes, with- 
out any suspicion on the part of the agents of the Spanish government. 
Previous to its departure, Mr. Eoberts had been frequently informed 
that this government would act upon any information or suggestion 
which it could obtain through its own agents, or that might be furnished 
by the Spanish authorities or their agents. 

The undersigned has, on several occasions, caused proceedings to be 
adopted on information received from Mr. Eoberts, which information 
proved to be totally unfounded. In no single instance where any 
information was received, either from the representative or the agents of 
Spain, or from the officers of this government, or from any other source, 
indicating the probability of any unlawful enterprise against Spain oi- 
lier possessions, has this government failed in arresting and defeating 
the objects of such enterprise. 



No. 48. 

Mr. Sickles to Mr. Fish. 

No. 19. J Madrid, September 19, 1869. 

I inclose with this dispatch a decree organizing a commission to con- 
sider and propose within thirty days a plan of political and administra- 
tive reform for Porto Eico, including the abolition of slavery. It is 
preceded by a decree dissolving a former commission, and establishing 
another to prepare and submit forthwith the necessary changes in the 
penal code of the peninsula to make it applicable to the colonies. The 
report of the colonial minister preceding the decree in relation to Porto 
Eico is not without interest in its recognition of the cogent reasons 
demanding radical changes in Spanish colonial government, and thorough 
reforms in colonial administration. Other decrees are foreshadowed 
establishing freedom of worship in Cuba, and providing for the election 
of deputies to the Cortes ; although several times announced semi-offi- 
cially as forthcoming, they have not yet appeared. 

• I am assured by the President of the Cortes, that among the first 
subjects brought before that body, will be the cruel and vindictive man- 



76 THE REVOLUTION IN CUBA. 

ner in which the war in Cuba is prosecuted, and he feels confident the 
Cortes will require the most energetic measures to be taken by the gov- 
ernment to prevent hereafter the outrages which have been so justly 
denounced by the United States. Captain General Concha, Marquis of 
Duro, has likewise expressed to me his abhorrence of the treatment of 
prisoners of war and other captives in Cuba, and will move actively in 
the matter on the assembling of the Cortes, where his high military repu- 
tation and personal character will exercise their just influence. Other 

prominent personages have given me similar assurance. 

# # #^# # # # # *- * 



[Translation. ] 

Ministry of Transmarine Affairs, i. e., 
Affairs of the Spanish Transmarine Possessions.— Statement. 

Sir : By a decree of September 29, 1866, a commission was appointed, whose duty it 
was " to examine and propose a reform of the penal laws in force in our transmarine 
possessions," and also to propose " the principles and rules whereby judgments in 
criminal cases shall be governed " in those territories. 

This commission taking as its basis the penal code which is in force in the peninsula, 
and accepting as its object the application of said code in our transmarine possessions, 
has labored to facilitate the same by means of some reforms in the text. But these 
labors do not embrace the whole code, nor do they refer to the enforcement of the penal 
code, which was, and justly so, one of the principal ends for which the commission was 
appointed. 

It is important to carry out this intention, and it would be a matter of great regret, 
if, by reason of its being unduly extended, any obstacle should be pla ced in the way of 
its speedy accomplishment. Hence the undersigned minister is of opinion that the 
duties of the aforesaid commission being considered at an end, another should be 
appointed to examine and propose the various reforms and modifications whereby our 
penal code may be applied to our various transmarine territories, and at the same time to 
prepare a provisional law for the application of the code, deferring the elaborate pre- 
paration of a law for judicial procedure until some future time. 

In this manner, limiting its task to the examination of the common penal law and 
to the form of its immediate application, the committee will be able to accomplish this 
as speedily as the government of your highness and our brethren beyond the sea desire 
and need. 

With these considerations, the undersigned minister has the honor to submit to the 
approval of your highness the accompanying plan of a decree. 

The Minister of Transmarine Affairs, 

MANUEL BECEEEA. 

Madrid, September 10, 1869. 



In accordance with the suggestion of the minister of transmarine affairs, made with 
the approval of the council of ministers, I decree as follows : 

Article 1. The commission which was appointed by the decree of September 29, 
1866, to examine and propose reforms in the penal laws in force in the transmarine pos- 
sessions in Spain, is hereby dissolved. 

Art. 2. Another commission is appointed in its stead, to consist of a president, five 
voting members, and a secretary, who shall have the right to vote, and it shall be the 
duty of said commission : first, to propose as speedily as possible such alterations as 
maybe necessary in the penal code now in force in the peninsula, in order to apply the 
same to the various Spanish territories lying beyond the sea; secondly, to prepare like- 
wise, with all speed, a provisional law for the application of the same code ; thirdly, 
to examine and propose the basis of a law for judicial procedure in criminal cases for 
the said territories. 

Art. 3. The ministry of the transmarine affairs will furnish the commission with 
the data and information which it possesses, and will further give the necessary orders 
for the execution of this decree. 

Done at Madrid, September 10, 1869. 

' l FRANCIS SEEEANO! 

The Minister of Transmarine Affairs, 

Manuel Becerra. 



THE REVOLUTION IN CUBA. 77 

STATEMENT. 

Sir: The day being at Land for our legislative body to renew its labors, and tbe le- 
gitimate representatives of Porto Rico being now present in tbe metropolis, the time 
has arrived for the fulfillment of the just duty and of the solemn obligation imposed 
upon us by the September revolution towards the Spaniards beyond the sea. 

Spain is not limited to the peninsula which is bounded by the Mediterranean and the 
Atlantic. The community of race and traditions, which is manifested by a common lan- 
guage and a glorious history never tarnished by disloyalty, clearly shows that nations 
are made principally by means of moral bonds of union far stronger than misfortune and 
errors. If governments that distrusted the national spirit by which they disdained to 
be actuated, hoped more from the always doubtful efficacy of external and violent means 
than from the attractive virtue of national solidity, never appealed to in vain among 
our people, it is now time to seek in the free manifestations of the aspirations of all 
that potent union and that dauntless courage whereby we may recover the position 
which history claims for us, and which of light belongs to us in the council and assem- 
bly of enlightened nations. Sovereign Spain cannot deprive any of her members of 
that portion of sovereignty which is their due. 

The revolutionary movement, therefore, was very soon made in our transmarine pos- 
sessions, and gave rise to legitimate as well as encouraging hopes. But in an unfor- 
tunate hour, by reason of inveterate feelings of distrust ; by reason of the excessive ex- 
aggeration of past offenses ; perhaps, also, by reason of inordinate aspirations, this 
movement, which ought to have been as measured as regular, and as productive of 
good as in the peninsula, stepped beyond the limits within which it should have con- 
fined itself, raising the flag of rebellion in Cuba to violate the sacred integrity of the 
Spanish nation. 

In presence of such a danger, the honor of the couutry, the duty of the government,- 
the vital interests of the revolution, peremptorily demanded the defense of the terri- 
tory, ami as a consequence of the state of hostilities, the much to be regretted but neces- 
sary postponement of reforms, so that these might not be confounded with timorous 
and arbitrary reforms of past times, nor fail to appear solemnly consecrated by the ac- 
tion and free consent of all interested in them, thus strengthening with firmer bonds 
than those of force — the lasting union of Cuba and Spain. 

But if such invincible obstacles temporarily prevent the Spanish revolution from 
exercising its political influence in the most precious of our Antilles, this is not the 
case in Port Rico, and tbe government being free from the well-founded apprehension 
which the state of affairs in Cuba causes it to entertain with respect to that island, 
wbeu the question is to radically change the political and social system there prevail- 
ing, it is proper to show how energetic, honest, and sincere is its desire to admit the 
colonies to the full enjoyment of their rights, and to an untrammeled participation in 
the great conquests of modern civilization. • 

A deplorable and pertinacious tradition of despotism, which if it could ever be justi- 
fied, is without a shadow of reason at the present time, intrusted the direction and 
management of our colonial establishment to the agents of the metropolis, destroying 
by their dominant and exclusive authority the vital energies of the country, and the 
creative and productive activity of free individuals. 

And although the system may now have improved in some of its details, the domi- 
neering action of the authorities being less felt, it still appears full of the original error, 
which is upheld by the force of tradition, and the necessary influence of interests 
created under their protection, (i. e. that of the authorities,) which doubtless are deserv- 
ing of respect so far as they are reconcilable with the requirements of justice, with the 
common welfare, and with the principles on which every liberal system should be 
founded. 

A change of system, political as well as administrative, is therefore imperatively 
demanded. To declare and respect the inalienable rights of persons, municipalities and 
provinces, to seek to bring about administrative centralization, allowing the widest free- 
dom of action to municipal boards and provincial deputations, as legitimate, immediate, 
and direct organs and representatives of the people electing them; to simplify the com- 
plicated mechanism of the superior administration, restoring to those natural centers 
the powers which of right belong to them, and as a political guarantee of still greater 
importance, firmly to establish the public representation at one time near the colonial 
goverment, at another near that of the metropolis, or in both at once, if it should be 
possible and necessary — such is, in brief, the general intention of the undersigned 
minister. 

But in order that these intentions may be duly fulfilled, and that these results may 
be felt by all alike, it is indispensable to solve one of the most difficult social prob- 
lems at once the danger and the glory of our epoch. Errors arising from a false view 
of.life sacrificed, for more than three centuries, the personal liberty of thousands of 
i ings to the idea of preparing for them a greater degree of happiness after death. 
Mistaken notions of economy were joined to these, seeking in forced labor that wealth 



78 THE REVOLUTION IN CUBA. 

and production which are found far more abundantly on free labor. But neither do the 
eternal laws of morality which permit not even a good end to be attained through un- 
just means, nor does the mission of the state, which as the supreme organ of right ought 
to respect it (i. e. right) under all circumstances and above all interests, permit the 
existence of slavery, Avith its horrors and dangers, to continue any longer without an 
act of immorality and injustice. This was recognized by the commissioners appointed 
to propose political, social, and economical reforms in Cuba and Porto Eico, without 
for this reason forgetting, as the undersigned likewise will not forget, the just respect 
due to material interests, created under the protection of ancient institutions and laws. 
No progress, no advancement of humanity, is ever accomplished by an absolute disre- 
gard of a previously existing state of things, unjust though this may have been, for 
notwithstanding its unj ustice, it has given rise to human relations, the consideration of 
which it is neither right nor prudent, much less politic, to lay aside, thereby reaching 
a solution which will only be productive of lasting disturbances. 

Besides this, the serious dimcutlties presented by every social change ; the discretion 
with which liberty should be accorded to persons whom it was considered a crime to 
call human beings, and for whom labor has been a permanent sign of servitude, disap- 
pear almost entirely where the white and civilized population is much more numerous 
than the colored, and where the majority of the latter have been able to earn a subsist- 
ence, and even competence and Avealth, by free labor, which experience as well as the 
teachings of economical science has shown to be the most beneficial and productive. 

In order happily and speedily to effect these important changes, which notwith- 
standing the urgent call for them must receive serious and conscientious study, the 
undersigned proposes to your highness the appointment of a commission composed of 
persons" of high character and having a knowledge of the real necessities of the country, 
who in a brief and determinate space of time, but not sufficient for those who must 
already have formed their opinions, shall propose such reforms and plans as may be 
necessary to harmonize the social, political, and administrative situation of the island 
of Porto Eico, with the imperative demands of justice and morality, and, as far as 
possible, with the principles laid down in the democratic constitution of the Spanish 
nation, which ought to be applied as soon as possible to those remote countries. 

With the foregoing considerations the undersigned has the honor to submit to the 
approval of your highness the accompanying plan of a decree. 

MANUEL BECERRA, 
Minister of Transmarine Affairs. 

Madrid, Sej)tember 10, 1869. 



In view of the statements made by the minister of transmarine affairs, with the 
approval of the council of ministers, I decree as follows : 

Article 1. A commission is hereby appointed, whose duty it shall be to discuss and 
propose to the minister of transmarine affairs the principles in accordance with which 
shall be made all plans of laws for political and administrative reform and for the 
abolition of slavery in the island of Port Rico. 

Art. 2. The commission shall consist of a president, (and the minister of transmarine 
affairs shall act in this capacity,) of fifteen voting members, and the under-secretary of 
the ministry, who shall act as secretary, with voice and vote. The voting members 
shall elect the vice-president. 

Art. 3. The commission shall remain in office for thirty days precisely from the 
moment of entering upon the discharge of its duties, which shall take place three days 
after the publication of the present decree. 

Art. 4. The ministry of transmarine affairs will furnish to the commission such data 
and information as it may possess, and the necessary orders will be given for the execu- 
tion of this decree. 

Done at Madrid, September 10, 1869. 

ERANCISCO SERRANO. 

The Minister of Transmarine Affairs, 

Manuel Becerra. 



Ko. 49. 
Mr. Plumb to Mr. Fish. 

HAVANA, September 16, 1869. 

I find that there was published here in the "Diario de la Marina," of 



THE REVOLUTION IN CUBA. 79 

the 14th of July last, the only version of the insurgent constitution 
which I have seen or known of appearing in the Spanish papers of the 
island. 

In this constitution, as so published, it appears by article 24 that 
" All the inhabitants of the republic are entirely free,"' and so is in 
harmony with the previous proclamations referred to in Mr. Hall's and 
Mr. La lieintrie's dispatches. It does not appear to me to be likely that 
any other copies than that I now send of the constitution, and those 
sent by Mr. La Eeintrie and Mr. Hall of the proclamations issued, can 
have been published here, that are any differently worded with reference 
to slavery ; "for these, in the manner in which they have been procured, 
appear to have been designed for circulation on the island rather than 
especially to be sent abroad. 



[Diario de la Marina, Havana, July 14, 1869. — Translation.] 

The Bandera EspaTiola, of Santiago de Cuba, publishes a curious document, which is 
said to have, been found in Del Gallo street, copied on a half sheet of paper, torn at the 
creases where it had been folded, dirty and greasy. It is nothing less than the " Con- 
stitution of the Cuban Republic," and is as follows : 

" CUBAN REPUBLIC. 

"Political constitution which shall remain in force during the war of independence. 

"Article 1. The legislative power shall reside in a house of representatives. 

" Art. 2. Each of the four states into which the island is henceforth divided shall 
be equally represented in this house. 

" Art. 3. These States are : Oriente, Camagiiey, Las Villas, and Occidente. 

" Art. 4. Only citizens of the republic, above twenty years of age, can be represent- 
atives. 

" Art. 5. No representative can hold any other office under the republic. 

" Art. 6. When a vacancy shall occnr in the representation of any state the executive 
of the same shall prescribe measures for a new election. 

"Art. 7. The house of representatives shall appoint the president, vested with the 
executive power, the general-in-chief, the president of the sessions, and its other offi- 
cers. The general-in-chief is subordinate to the executive, and must make reports to 
him of his operations. 

" Art. 8. The following persons shall be impeached before the house of representa- 
tives, if occasion therefor arise: The president of the republic, the general-in-chief, 
and the members of the house. This impeachment may be made by any citizen ; if the 
house find it worthy of attention it shall submit the party impeached to the judicial 
power. 

" Art. 9. The house of representatives may depose at pleasure the functionaries 
whose appointment belongs to it. 

"Art. 10. The legislative enactments of the house require, in order to become valid, 
the sanction of the president. 

"Art. 11. If they do not obtain it they shall be returned to the house for further 
deliberation, when the objections presented by the president shall be considered. 

" Art. 12. The president is obliged to give or refuse his approval to any law which 
shall be proposed within ten days. 

"Art. 13. Any resolution (law) having been passed by the house a second time, the 
president shall be obliged to sanction it. 

" Art. 14. The following shall always be matters to be settled by law : Taxes, public 
loans, the ratification of treaties, the declaration and conclusion of war, the authoriza- 
tion of the president to grant letters of marque and reprisal, the raising and maintain- 
ing of troops, the providing and sustaining of a fleet, and the declaration of reprisals 
against an enemy. 

" Art. 15. The house of representatives declares itself in permanent session from the 
moment when the representatives of the people shall ratify this fundamental law until 
the close of the war. 

" Art. 16. The executive power shall reside in the president of the republic. 

"Art. 17. Any one, in order to be president, must lie at least thirty years of age and 
have been born in the island of Cuba. 



80 THE REVOLUTION IN CUBA. 

"Art. 18. The president may make treaties, with, the ratification of the house, (i e., 
subject to the ratification of the house.) 

" Art. 19. He shall appoint ambassadors, public ministers, and consuls of the republic 
in foreign countries. 

" Art. 20. He shall receive embassadors, take care that the laws be faithfully ex- 
ecuted, and send his dispatches to all officers of the republic. 

" Art. 21. The secretaries of the government (of state, &c.) shall be nominated by 
the president and appointed by the house. 

" Art. 22. The judicial power is independent, its organization shall be the object of 
a special law. 

" Art. 23. In order to become an elector the same conditions are required as in order 
to be elected. 

" Art. 24. All inhabitants of the island are entirely free. 

" Art. 25. All citizens of the republic are considered as soldiers of the liberating 
army. 

" Art. 26. The republic recognizes no dignities, special honors, or privileges. 

" Art. 27. Citizens of the republic shall receive no honors or distinctions from a for- 
eign country. 

" Art. 28. The house cannot assail religiousliberty, the freedom of the press, the right 
of petition, nor any other inalienable right or the people. 

" Art. 29. This constitution may be amended whenever the house shall unanimously 
so determine. 

" This constitution was voted for in the free town of Guaiinaro, on the 10th of April, 
1869, by the citizens Carlos M. de Cespedes, president of the constituent assembly, and 
the citizen deputies Salvador Cisneros Betancourt, Francisco Sanchez, Miguel Betan- 
court Guerra, Ignacio Agramonte Ceiman, Antonio Zambrana, Jesus Rodriguez, An- 
tonio AlcaM., Jose" Izaguirre, Honorato Castillo, Miguel G^ronimo Gutierrez, Avendio 
Garcia, Tranquilino Valde's, Antonio Lorda, and Edwardo Machado Gomez." 

The Bandera Espaiiola adds : 

" It is said to have been voted for by the citizen Carlos M. de Ce"spedes, (the Most 
Excellent is here wanting; what irreverence!) and the citizen deputies, &c. We are 
not informed, however, nor do we know, nor does any one know, where, when, or how 
the voting took place in the various towns of the island, in order to elect these gentle- 
men, who, as the constitution says, are called deputies. Of what districts, of what de- 
partments, of what towns are these citizen deputies the representatives ? Who elected 
them ? Who gave them the right or authority to palm themselves off upon the country 
as representing the opinion of the majority? Heaven help us! Everything done by 
our revolutionists must be something absurd and ridiculous." 



No. 50. 

Mr. Plumb to Mr. Fish. 

UTo. 156.] Havana, September 20, 1869. 

During the past few weeks much popular interest has been mani- 
fested here in the formation of a volunteer reserve corps, to embrace 
all who are not now enrolled in the existing organization of volunteers, 
and especially those men of position whose action in taking a stand 
or refraining from doing so is calculated to influence public sentiment, 
and whose adherence usually weighs largely in the moral determina- 
tion of any cause. 

There is much expression, also, of the feeling that the time has now 
come when all must define their position, and must take sides one way 
or the other, that those who are not now openly and fully for the 
preservation of this island to Spain are to be classed with the adherents 
of the insurrection, and are to be treated accordingly. 

A memorial, embracing the projected organization of this reserve 
corps and the preliminary steps regarding it, has been addressed to the 
Captain General, and has received and is now receiving the signatures of 
a large class of influential men, whose names have not before appeared 
on one side or the other, but who now, whether willingly or not, commit 
themselves to the side of the maintenance of Spanish authority. 



THE REVOLUTION IN CUBA. 81 

No. 51. 
Mr. Plumb to Mr. Fish. 

No. 159] Havana, September 21, 1869. 

There are some signs of the times which attract the eye of the care- 
ful observer here, which are deserving of more than a passing notice. 
One of the most notable is that the people of this island, and to a great 
extent Havana, is to the island what Paris is to France — the people, 
especially of Havana, now read the newspapers — they therefore think 
upon current events. 

There are ten thousand young men and of middle life, in this city 
alone, enrolled and armed as volunteers. They feel now that they are 
a part of the body politic, and they want to know what is said about 
that, about themselves. They therefore now read the newspapers. 
Beading gives rise to discussion and to thinking, and thinking will some 
day lead to action. 

It is therefore important to know what ideas are thus daily read, what 
is permitted to be read here, for heretofore there has been a rigid, and 
there still is a government censorship. 

The popular organ of the volunteers is the Yoz de Cuba. That paper 
in its issue of yesterday told its readers, and it was permitted to do so, 
that it is now not alone the newspapers of the United States that urge 
the cession to the United States by Spain of one of its most important 
provinces, nor yet the Times of London, La France, and La Patrie of 
Paris, nor is it alone the republican papers of Madrid, accustomed to 
overlook all in their realization of their exaggerated theories, but it is 
also thoroughly Spanish, and atthe same time conservative publications 
of high standing, and which exercise a great influence over public 
opinion, organs of parties, and even as it is said of entire provinces that 
have immense interests in the island of Cuba, that now counsel Spain 
to the sale or cession of this island to the United States. 

It then proceeds to refer to the Diario de Barcelona, which, it states, 
from its age, its influence, the moderation and practical good sense 
which distinguishes it, is read with interest in all the Catalan provinces, 
in much of the rest of Spain, and also abroad where it has reason to 
know it is highly appreciated — and it states that this paper in a recent 
article emits the following conclusion : 

" In our judgment no other resource remains to us but to open nego- 
tiations with the United States for the cession to them of our Antilles." 

The Voz de Cuba, of course, proceeds to combat this view, which it 
characterizes as absurd; but the notable fact is that the publication of 
such an opinion as this and its open comment has now been reached in 
Cuba. 



No. 52. 

Mr. Sickles to Mr. Fish. 
No. 22.] Madrid, September 25, 1869. 

In answer to my question about the volunteers, he [General Prim] 
said that the government did not propose to have a repetition of the 
scenes which took place in the time of General Dulce. 
S. Ex. Doc. 7 6 



82 THE EEVOLUTION IN CUBA. 

I expressed nay gratification at this information, and hoped that the 
government had also taken measures to prevent those barbarous and 
cruel executions that had hitherto marked the progress of the war. 
This was one of the causes that most embarrassed the government of 
the United States, as the sufferers iu these outrages were not only the 
Cuban insurgents, but also Americans, and, in many instances, persons 
entirely innocent of any participation in the insurrection. 

General Prim stated that he had given very severe and positive 
orders on that subject, to the Captain General ; that these scandalous 
scenes should be prevented at all hazards ; and that General de Eodas 
had answered, avowing his intention of putting a stop to such occur- 
rences, and of resorting to the punishment of death, if necessary, to 
accomplish this. 

I said I would beg to commend to the consideration of the Spanish 
government the propriety of adopting the system of cartel, and treat- 
ment of prisoners according to the rules of ordinary warfare ; that this 
would at once divest the war of its savage character, and make more 
practicable the projects of pacification which the government enter- 
tained. 

General Prim said that it was necessary to proceed gradually and 
surely. The government was now occupied with various decrees carry- 
ing its liberal policy into effect in Cuba. A decree would soon be issued 
initiating the gradual abolition of slavery, by giving freedom to all ne- 
groes born after date. The government would also soon announce a 
plan of administration and municipal reform for Cuba j all this without 
waiting for the termination ef the war. * * * 



No. 53. 

[Telegram.] 
Mr. Sickles to Mr. Fish. 

Madrid, September 25, 1869. 

******* 

Measures already taken to disarm volunteers simultaneously with ces- 
sation of hostilities. Severe and positive orders given to stop the scan- 
dalous execution of captives, and like cruelties. General de Eodas 
promises to do so at all hazards. 

A decree will be promulgated forthwith, for the gradual abolition of 
slavery. Government will proceed with liberal reforms, without wait- 
ing for termination of war. * * * # 



No. 54, 

[Confidential.] 

Mr. Davis to Mr. Plumb. 

No. 46.] Washington, September 28, 1869. 

We get information from Madrid that measures have already been 
taken there to disarm the volunteers in Cuba simultaneously with a 
proposed cessation of hostilities, and that severe and positive orders 



THE REVOLUTION IN CUBA. 83 

have been given to stop the scandalous execution of captives, and like 
cruelties, and it is farther said that General de Bodas promises to do so 
at all hazards. The same day that this information came by cable, a 
dispatch was received from you announcing the promotion of General 
Valmaseda, the perpetrator of the worst of the cruelties, and the infor- 
mation contained in your No. 156, also, would seem to indicate that the 
information from Madrid may be correct. 

We are also informed from Madrid that a decree will be projected 
forthwith for the immediate abolition of slavery, while the general 
tenor of the information from Cuba is the other way. 

It is of great importance that the department should know at an 
early date how far the news from Madrid can be depended on. You 
will, therefore, please ascertain, so far as you can do so without excit- 
ing suspicion, whether the purposes of the cabinet at Madrid in these 
important respects are known in Cuba, and whether they are, or can be, 
carried out. I need not point out to you how delicate an investigation 
this is ; how sensitive the Spanish authorities may be at even the insti- 
gation of an inquiry ; how important it may be for them that the matter 
should be kept a profound secret until they are ready to act ; nor how 
cautiousty you must move in taking any steps under these instructions. 
Indeed I should hardly feel justified in giving you any instructions on 
so delicate a subject, were it not that the late public news from Cuba — 
later than any dispatches from you — seems to indicate that there is 
some movement going on under the surface, which has not yet been 
made public. ****** 



No. 55. 

[Confidential.] 

Mr. Plumb to Mr. Davis. 

No. 193.] Havana, October 21, 1869. 

I had the honor to receive on the 6th instant your dispatch, No. 46, 
of the 28th ultimo, marked confidential. 

Since its receipt I have endeavored, so far as has been practicable, to 
obtain further information in addition to that previously derived from 
my intercourse with officials here and from other sources upon the 
several points with regard to which you make inquiry. 

What I can now T say in reply must necessarily be in the form of my 
general conclusions based upon such information, and upon a careful 
study of the situation here. 

With regard to the first point of your inquiry, the disarmament of the 
volunteers, I have no hesitation in saying that, whatever may be the 
desire that to some extent may naturally be entertained by the existing 
government of Spain in that regard, the execution of such a measure is 
at present impracticable, and is, I think, so regarded by all the repre- 
sentatives here of Spanish authority ; and there are many reasons to 
believe that no time will arrive, while this island shall remain connected 
with Spain, when such a measure will become practicable. 

That organization appears now to be a permanent power in this island, 
and has to be taken into account in any political calculations regard- 
ing it. 

In the deposition of General Dulce, it was disloyal to the authority of 



84 THE KEVOLUTION IN CUBA. 

the home government. To-day it is devotedly loyal to the preservation 
of the connection between the island and Spain ; and there is little doubt 
it is due to the presence of this organization, in the early part of the 
present year, and since, that the island has been saved to the mother 
country. This organization now numbers probably upwards of forty 
thousand men, well organized, armed, and equipped, and now consider- 
ably accustomed to the exercise of arms. They hold all the ports and 
all the towns, and they have a stake and interest to defend, for they are 
residents here ; they are connected with the commerce and industry of 
the island, and they expect and desire to remain here. They are not 
government employes. Their officers are generally men of some posi- 
tion and wealth, as are also very many in the ranks. They have no idea 
of submitting to, or being ruled by, the Cuban portion of the popula- 
tion. It may be doubted whether all the Cubans in arms within the 
island number half as many; nor have they the means, the organization, 
or the arms of the volunteers. 

The entire government force that will-be here, should all the promised 
re-enforcements arrive, will not be equal in numbers to the volunteers, 
and the former soon fraternize with the latter. To attempt to disarm 
them, therefore, might inaugurate another civil war. The government 
in Spain must rely either upon the Cubans, or upon the Spanish resi- 
dents. It is hardly probable it would now leave the latter to unite with 
the former. Under more liberal institutions, after the insurrection shall 
have been put down, it is believed that both may again be united. 

To the power of the volunteers, as an armed force, there is now added, 
co-operating with it, another species of organization, ostensibly for purely 
patriotic, that is Spanish, purposes, which is known in this city as the 
" Casino Espahol," or Spanish Club ; in the city of Matanzas by that of 
"the National Conservative Committee of Matanzas," and in other towns 
by similar local names. These organizations are as potent in their 
sphere as were our loyal Union leagues during the war. If they are not 
now, they may at any time become, powerful political organizations. 

The expenses of the very reinforcements now being sent to the island 
from Spain are borne, in great part, by voluntary contributions from 
here, toward the raising of which, those who compose these organiza- 
tions have largely contributed. 

Under these circumstances, I do not well see how the design referred 
to can be entertained by the government of Madrid, except as a desired 
and remote possibility, and that to the Captain General here it must be 
irksome to feel that he has constantly to defer, or hold in account the 
prejudices and the power of the volunteers, especially as affects his 
action in the remoter points and interior of the island. Any one in his 
place — any successor of a Captain General deposed by that influence, 
must feel, as well as the government whose representative was so set aside, 
a desire to draw the reins upon an organization become so powerful. 
But whether this can be done, and when, are questions that certainly 
have to give place to the first and more immediate issue — that of put- 
ting down the insurrection. 

"With regard to a simultaneous proposed cessation of hostilities, the 
point has evidently to be considered only in its latter aspect. 

I cannot learn that any such intention is entertained here, nor is there 
anything in the nature of the situation that appears to render such a 
measure probable or practicable. 

There is some reason to believe that considerable numbers of the in- 
surgents are submitting, and I think it is believed that the time is near 
at hand when the insurgents will have to be dealt with mainly in that 



THE REVOLUTION IN CUBA. 85 

light, and, except with reference to the leaders, there appears to be a 
disposition to observe a policy of clemency. Any idea of a cessation of 
hostilities, looking to any other end than the submission of the insur- 
gents, would, apparently, be scouted under the present circumstances, 
and might be dangerous. 

That the enlightened and liberal men who are now at the head of the 
government of Spain are sincere in wishing well to this island; are will- 
ing to concede to it all desirable reforms, and that the instructions 
which have been issued to their representative here seek to stay the 
effusion of blood, I most sincerely believe, and I also believe that Gen- 
eral Caballero de Rodas, and those who are now more immediately as- 
sociated with him in the government of this island, second these desires, 
and will endeavor to carry them out, but much must be left to their dis- 
cretion, and the full character of all the peculiar and exceptional circum- 
stances now existing here can hardly be appreciated at Madrid, or else- 
where abroad. 

I have had no occasion whatever to doubt the good intentions of Gen- 
eral Rodas, but the circumstances with which he has to deal may in 
some cases be stronger than his present power to overcome them. 

A communication from the minister of ultramar addressed to the Cap- 
tain General of this island, containing instructions relating to the con- 
duct of the war here, in the sense of the information received by the 
department, appears to have been published in Madrid since the date of 
your dispatch, and has doubtless been communicated to the department 
by the legation there. 

I do not doubt General Rodas's entire willingness to act in accordance 
with such instructions. 

With reference to the question of slavery, I have found but one opin- 
ion here, and that is, that its abolition is now a question only of whether 
it shall be immediate, or extend over a period of, say, five or more years. 
I think the opinion is almost universal that it would be safer for all in- 
terests that the measure should be made gradual, freeing at once all born 
hereafter, and, by a system of regulated labor, accomplishing total eman- 
cipation within a brief term of years. 

There is also opposition to the question being touched until the depu- 
ties from this island can be heard in the Cortes regarding it, and there- 
fore a belief that it should be deferred until the insurrection shall have 
been put down. 

One of the largest, if not the largest, slaveholder on the island, in 
conversation with me some time since, stated that he would be entirely 
willing to accept abolition effected in a term of five years, and I have 
met no one yet who does not admit the measure, if accomplished in this 
manner, to be not only necessary but desirable. 

But I do not find any expression of belief in official quarters that a 
declaration of immediate, total abolition would be practicable, and I 
can hardly think the government of Spain designs to treat the question 
in that way. 

With tranquillity here, and as a measure to be accomplished within a 
period of five or eight years, I do not think the question of the abolition 
of slavery on this island would present any serious difficulties, nor would 
it in this manner be attended, it is believed, with any great disturbance 
of the labor or the production of the island. 

There certainly does not exist here now any extended belief in the 
possibility of the preservation of the institution, and the character of 
the present government of Spain would appear to render its early ter- 
mination certain, so far as may depend upon action from that quarter. 



86 THE REVOLUTION IN CUBA. 

By immediate abolition, as referred to in your dispatch, may be meant 
the freedom of all born after the date of the decree, as also, perhaps, 
total emancipation within a brief period. Instantaneous abolition, while 
it might, if there is tranquillity, not be so destructive to labor here as it 
is elsewhere, would yet, it is believed, create great apprehension and 
disorganization, as also political dissatisfaction. 

# # # * * # * # # 

On that occasion I inquired of General La Torre, putting the question 
to him directly, how many foreigners, from all the sources of informa- 
tion he had had, he thought there now were in the ranks of the insur- 
gents within the eastern department. He replied, without any hesita- 
tion, that he did not believe the number exceeded ninety or one hun- 
dred. 

All of the information I have received tends to confirm the correct- 
ness of this statement. I doubt if the total number within the island 
exceeds one hundred and fifty. 



No. 56. 
Mr. Plumb to Mr. Fish. 

No. 167.] Havana, September 27, 1869. 

Mr. Hall, United States consul at Matanzas, has transmitted to me 
what purports to be a copy of a circular issued on the 10th instant by 
the governor of Matanzas to the commanders of the different corps of 
volunteers within that jurisdiction, relating to the arrests made, and 
other unauthorized powers assumed by the volunteers, from which there 
is too much reason to believe there is resulting a most undesirable state 
of affairs, not only in the vicinity of Matanzas, but in many other local- 
ities on the island. 

I beg to enclose to you a translation of this document as so received 
herewith. 

As illustrative of these violent and unauthorized proceedings, I further 
transmit to you, herewith, a copy in English, which I have also received 
from Mr. Hall, of what purports to be a detailed narrative of the action 
of the volunteers in the special case referred to by the governor of Ma- 
tanzas. 



CIRCULAR OF THE GOVERNOR OF MATANZAS TO THE DIFFERENT COMMANDERS OF THE 

CORPS OF VOLUNTEERS. 

[Translation.! 

On assuming charge, on rny return to this city, of the dispatch of the affairs of the 
commandancy general, I have found a legal process, already decided, instituted to ex- 
amine the antecedents of a certain Don Francisco Eodriguez, who was arrested on the 
night of the 1st instant, by the volunteers of company two of the third battalion — Don 
Matias Maroto and Don Vicente Clarens. 

I have examined with the same care Avith Avhich I customarily examine this class of 
proceedings, and it appears to be proved that the civilian Rodriguez is an inoffensive 
old man, without any antecedents which appear to his prejudice. 

It is also proved that the individuals who arrested him proceeded to do so of their 
own volition, without the knowledge of the authorities, without the presence of any 
agent of the same, and upon mere presumption, and there are even witnesses who tes- 
tify that they used the name of the police when they made the apprehension, and 
appealed to that of the authority to effect the encarcelacion. 

By the declaration of the volunteers, Maroto and Clarens, it appears that these indi- 



THE REVOLUTION IN CUBA. 87 

viduals proceeded without malice, violating the orders and laws in force through igno- 
rance as to the responsibility they assumed ; but as I observe that an abusive and 
punishable system has been adopted, some being prompted by an exaggerated zeal, 
and others from a want of knowledge of the penalties to be imposed for their conduct, 
I believe it is desirable to make some remarks of admonition to you in order to prevent 
the illegal and unnecessary course adopted by several parties which tends to disturb 
the public peace, and to crease a want of confidence among families, and, perhaps, to 
gratify personal vengeance. 

Well known to all is my firm resolution of pursuing and bringing the full force of 
the law to bear upon those against whom it be proven that they directly or indirectly 
contribute towards aiding in fomenting the insurrection, and the moment that there 
is a conviction of this fact the people of all classes and conditions should place confi- 
dence in the authority, and call upon the same at any hour, and upon the functionaries 
who depend upon the same, in order to notify them and communicate what they know, 
and to make the remarks they deem proper, and they may rest assured that I shall not 
neglect any means which may contribute to the discovery of the offense wherever I am 
informed it exists, and I shall adopt active and prompt measures for the chastisement 
of the same. 

The volunteer force, as also all who bear arms, is nothing less, in cases where there 
is a necessity of a warrant for the searching of a house, than an auxiliary of the au- 
thorities, charged with carrying the same into effect; any other proceeding is illegal, 
pernicious, and fruitless, and gives room to reckless acts to which I cannot consent, nor 
can the majority of the individuals who compose the corps whose officers I now address 
consent to the same ; and I say reckless acts, because such are those when, while 
shielded with the uniform of volunteers, some few persons dare to assume upon them- 
selves certain attributes for which they are not competent ; inasmuch as there exist 
zealous, active, and intelligent public functionaries, charged with obtaining the same 
results without altering the legal course established by the laws. Those who commit 
said offenses incur, likewise, in the crimes of riots, violent force,, and searching of houses, 
prescribed in the ordinances of Avar — in note 9, title 30, book 4, and the laws 1, 2, 3, 8, 
and 9, title 10, part 7, book 8, of the new collection of statutes — which punish them 
with severe penalties, according to the circumstances of the case, it being well to ob- 
serve that judgment iu these cases belongs to those who exercise common law jurisdic- 
tion, without their being able to allege any privilege which exempts them from the 
same, as appears by the stipulations of laws 4 and 5, title 11, book 12, of the new 
collection of statutes before cited. 

In consequence, I trust that you, as commander-in-chief of this corps of volunteers, 
calling together the officers and members of the same and reading to them this com- 
munication, will endeavor to diffuse among all of them doctrines of order, and these 
provisions of the law of which some are ignorant, in order to avoid personal conflicts, 
which would be occasioned by their non-observance ; and to state to them that they 
can with all couiidence call upon my authority, upon the chief of public protection 
and security, or on the inspectors or constables, in cases when they may have any 
affair or incident of interest to denounce, and that these will proceed to act in obedi- 
ence to the laws and of right; and so justice will be done and the crime shall not be 
unpunished. 

God keep you many years. 

Matanzas, September 10, 1869. 

The Colonel Commandaut General : 

RAMON FAJARDO. 

The Lieutenant Colonel, 

First in command of the "battalion of volunteers of this city. 



detailed narrative of the proceedings of the volunteers in the case referred 
to in the preceding circular. 

Don Jos6 Francisco Rodriguez, brother to Don Agnstiu Rodriguez, who rose in Jagttey 
Grande several mouths ago, a resident of Macuriges, where he owned a grazing farm, 
aged sixty-five years, with wife, two daughters, (one of which insane,) and seven grand- 
children, the youngest of which is two months old, lately left his house to escort to the 
"Giiira," a village station on the Matanzas railway, his sister-in-law, and wife of Don 
Agustin, who had been ordered or advised to quit the jurisdiction of Colon. Arriving 
at the Giiira, of the rail on the " Jutia," he immediately returned per rail to the station 
Torriente, where he found the teacher of his grandchildren waiting for him Avith a led 
horse, ami was informed that his son-in-law, a near relative to Don Jorge Rodriguez, 
resident at his father-in-laAv's, had been arrested by Don Jose" Menendez, a native of the 
Canary Islands, and commander of a party of volunteers, and taken to Jagiiey to give 
a declaration, and that there was a rumor of his ha\ r ing been shot on the way, as is the 



88 THE EEVOLUTION IN CUBA. 

practice. The teacher was sent early next morning to Jagiiey to inquire, and returned 
with the tidings that Mr. Jorge Eodriguez, aged forty -four, and a man exclusively dedi- 
catedto the care of his family, had been shot on reaching the public square of Jagiiey. Don 
Francisco tben broke the news to his widowed daughter, and determined to remove his 
family to Matanzas, but first passed on to Colon to notify the lieutenant governor of 
what had happened, and solicit a "pase" de domicilio" for himself and family. On the 
first point the answer was that he could do nothiug, and the "pase"" was refused. Don 
Francisco, however, provided with "cedulas" of transit, came to Matanzas, and took 
house in New Town, in the street called Espiritu Santo, which extends from the cav- 
alry barracks westward to and through the waste common called the Palmar de Junco. 
On Saturday, the 4th September, he was arrested in his house, at midnight, by two vol- 
unteers, who pretended to act by authority, and marched off in the center and in 
single file, one volunteer before him and the other behind. The march being in the 
direction of the common, on arriving at the first waste, and the rear rank summoning 
the front to join him, Don Francisco stopped and declared that he would proceed no further, 
expressing his desire to be shot there in preference to going any further. One of the 
men answered that all should die, when a watchman came up and said that they should 
retrace their steps and take their prisoner to the cavalry barracks, whence they should 
deliver him to the chief of police, who was there at that moment. They obeyed, and 
on their way another watchman came running up and ordered them to stop, as the 
chief of police was already coming up. This functionary arrived and put several 
questions to Don Francisco, as to name, whence he came, &c, and Don Francisco then 
announced to him that he would not consent, in any way, to remain in custody of vol- 
unteers, as he presumed that they sought his life. The chief of police then took him 
to the police barrack, where he remained thirty-six hours, and was decently treated. 
At liberty he received a letter from the " mayoral" or overseer of his farm, informing 
him that the celebrated Durante, at the head of his command, the volunteers, "Tira- 
dores de la muerte," had made a descent on the farm and carried away thirty head of 
horned cattle and three horses, and on leaving declared that not even a flower should 
be extracted froni the place, as everything was " embargoed" by himself. The overseer 
had furthermore sent a fat hog to Durante, in obedience to his order, as appeared by a 
letter he had received from Durante, and which he inclosed as a voucher for the missing 
fat hog. Don Francisco Eodriguez, now thoroughly alarmed, called on his old friend 
and neighbor planter, Du Cosme Torriente, colonel of the volunteers of Matanzas, who 
recommended immediately his case to his friend, M. Cardenal, assessor to the mercantile 
tribunal, and influential member of the " comit6 nacional conservador," who took him 
to his own house to sleep, out of harm's way, and next day accompanied him to the 
governor's, to whom Mr. Cardenal stated the case in all its details, and requested the 
governor to ask a " pase" de domicilio " for Mr. Eodriguez from the lieutenant governor 
of Colon, in order to avoid any pretext for murder on the part of the volunteers. Gov- 
ernor Fajardo requested Mr, Eodriguez to hand him, and leave him, Durante's letter, 
which he would forward to the lieutenant governor of Colon for his information and 
that he might inquire with what authority Durante had embargoed and extracted 
cattle, &c. Governor Fajardo likewise gave order to the police to respect Mr. Eodriguez 
as an honest person and peaceful citizen, and to provide him with a certificate to that 
effect, in which it should be stated that he was, for a moment, unprovided Avith a " pas6 
de domicilio" for himself, family, and servants, which would shortly arrive from Colon. 

The chief of police provided Mr. Eodriguez with said document. It is even whispered 
that the governor gave out a secret circular, almost a dignified one, which had been 
confidentially read to all the volunteers, censuring the act of the two patriotic members 
of their corps who had waylaid Mr. E. This I cannot vouch for, although it is univer- 
sally admitted sub rosa; however, Mr. E. breathed more freely, and Mr. Cardenal 
bestirred himself in his behalf, and promised that he would see him through and have 
his property restored to him. 

Mr. Eodriguez then moved to Matanzas proper, No. 84 Velarde street, having fallen 
sick from despondency and grief and with symptons of a low fever, such as a sensation 
of cold and much vomiting; was ordered quinine by a physician called in. This hap- 
pened on the first day of his moving to his new home, and on the second day, which 
was the 18th instant, Mr. E. was again imprisoned, it is said, by order coming from 
Colon, and passed feverish to the hospital, where he was closely confined in the dun- 
geon, (ealabozo;) a peninsular who has been in his service called on Sunday at the 
hospital, where he was refused intercourse with Mr. Eodriguez, as the gentleman was 
"incommunicado," and besides, senseless, as it was supposed from congestion of the 
brain. 

The widowed daughter of Mr. Eodriguez called upon Governor Fajardo, beseeching 
him to permit her father to be conveyed as a prisoner to his own house, that he might be 
assisted by his family. Her persistent supplications at last extorted from the governor 
a promise that he would give orders that the old gentleman should be conveyed to his 
home. 

It appears that the governor gave the order, as the volunteers took the body of Mr. 



THE REVOLUTION IN CUBA. 89 

Rodriguez at 5 o'clock of Tuesday morning to the house, where it was received hy the 
frenzied family that rushed to meet the husband, the father, and the grandfather. The 
body was conveyed in a dirty hospital coffin. The immediate cause of death I ignore, 
as no value can be scientifically given to the answer on that point, given by the vol 
unteer sentinel: "Mario" de rabia carajo!" 



No. 57. 
Mr. Plumb to Mr. Davis. 

No. 181.] Havana, October 15, 1869. 

On the 28th ultimo, a decree, of which I inclose a copy and transla- 
tion herewith, was issued by the Captain General, relating to passengers 
embarking and vessels carrying passengers from the ports of this 
island. 

The objectionable character of some of the provisions of this decree 
has led me to confer with the authorities here upon the subject, and I 
have pleasure in now being able to transmit to you herewith a copy and 
translation of regulations under which the decree is to be executed, 
which have in consequence been issued, and were published in the 
Gazette of yesterday, which very materially modify the character of the 
original decree. 

1 have found in this matter a liberal disposition on the part of the 
Captain General and other authorities, when once their attention was 
called to the objectionable features of the decree as first issued. 

Most of the steamers under the Hag of the United States leaving this 
port are in transit from one port of the United States to another, or 
from a Mexican port to a port in the United States, and vice versa. 

These vessels have passengers on board without passports, making 
the voyage between such ports. 

There is no evidence relating to their character except the passenger 
list of the steamer and the declarations of the officers. 

It is obviously impossible to permit such passengers to be at the dis- 
cretion of any officer in a foreign port to distinguish between them and 
those who may have embarked clandestinely in this harbor. 

I am assured by the authorities here that the officers intrusted with 
the execution of this decree will be so instructed that no case can arise 
of molestation to such passengers in transit. 



[Translation.] 
SUPERIOR POLITICAL GOVERNMENT OF THE PROVINCE OF CUBA. — DECREE. 

Owing to the abuse which is being practiced by masters of steamships and sailing 
vessels that daily leave the ports of the island admitting on board persons who are not 
provided with the necessary i^assports, I have deemed proper to resolve the following : 

1st. In future all steam or sailing vessels that depart from whatever port of the 
island and admit passengers shall be searched, after weighing anchor, by the employe 
of the police designated for that purpose, who will compare the passports delivered to 
him by the captain with the number of passengers, as also the description of both, 
and if any one is found without that document he will be taken from on board. 

Every person found in this case shall pay a fine of two hundred dollars or shall suffer 
the same number of days' imprisonment. 

The captain of the vessel shall pay a fine of two hundred dollars for every such per- 
son, which shall be paid before leaving, unless the consignee obliges himself to make 
the payment. 



90 THE RE VOLUTION IN CUBA. 

2d. Consignees who issue passage tickets without the presentation of a passport 
shall pay a fine of two hundred dollars. 
The captains of the ports are charged to see to the compliance with this decree. 

CABALLERO DE RODAS. 
Havana, September 28, 1869. 



[From the Official Gazette, Havana, October 14, 1869. — Translation.] 

SUPERIOR POLITICAL GOVERNMENT OF THE PROVINCE OP CUBA, OFFICE OF THE 

SECRETARY. 

His excellency, the superior political governor, has heen pleased to sanction the fol- 
lowing regulations, which are to be observed by the functionaries who are to execute 
the decree of the 28th of September, relating to passengers who leave this islaud : 

1st. The employe's of the police will be advised as to the hour of sailing of vessels 
carrying passengers, and, in conformity therewith, will proceed to the examination 
ordered, with the necessary anticipation, in order not to delay nor to hinder the move- 
ments of the vessel. 

2d. Said examination must be terminated before, and not after, weighing the anchor, 
as erroneously appears in the decree referred to ; nevertheless, the employes for this pur- 
pose shall remain on board until the vessel shall have arrived alongside the guardship, 
or at the point designated for her dismissal. 

3d. The employes of the police shall perform the operations of examinations with 
that urbanity and the good manners which on all occasions are recommended to them. 

4th. They shall, upon application, obtain assistance of the captains of the port, should 
the same be necessary. 

5th. The fines which are prescribed for passengers without passports, and to the 
consignees who become liable to the same, will be paid with stamped paper of the usual 
class, giving the interested parties a proper receipt. 

6th. It is to be understood that the fine prescribed for the captains of vessels shall 
not be imposed if they have not had knowledge of the entrance on board of such infrac- 
tors, and they declare the same in writing and over their signature. 

The Secretary, 

CESAREO FERNANDEZ. 

Havana, October 13, 1869. 



No. 58. 
Mr. Fish to Mr. Plumb. 

No. 63.] Washington, October 25, 1869. 

Your dispatch No. 181 of the 15th instant has been received. The 
decree which accompanied it, relative to passengers embarking- and ves- 
sels carrying passengers from the ports of Cuba, has been taken into 
consideration in connection with the rules for the execution of the de- 
cree, which you say are the result of your conference with the authori- 
ties upon the subject. It is apprehended that the decree, even if faith- 
fully and impartially carried into effect, pursuant to those rules, may 
still lead to abuses of the just rights of citizens of the United States 
which it is now especially desirable for both governments to anticipate 
and avoid. 

The first article of the decree provides that if any one is found with- 
out a passport on board a vessel about to start from a Cuban port, that 
person shall be liable to a fine of one hundred dollars and the master 
of the vessel to a fine of two hundred dollars. 

There can be no objection to this provision so far as it may relate to 
any person who may have been charged with an offense against Spanish 
law, or to Spanish subjects who may not have been so charged. This 
government, however, cannot acquiesce in the application of the decree 
to citizens of the United States, especially to those who may be passen- 



THE EE VOLUTION IN CUBA. 91 

gers on board vessels which may merely touch at Havana, on their way 
to some other port. The application of the decree to passengers on 
board the steamers which may ply between New York and New Orleans 
would be particularly offensive. It is probable that passengers, by the 
latter steamers especially, seldom take passports. To require them so 
to do merely for the privilege of entering the port of Havana, probably 
without any intention of landing there, and to exact the fine for an 
omission to comply with the requirement, seems to be a useless and irri- 
tating exercise of power. 

This government has no disposition to screen from Spanish authority 
any person who may have committed or may contemplate the commis- 
sion of an offense against that authority. It also acknowledges the 
right and the duty of that authority, especially at this juncture, to 
adopt extraordinary precautions for self-defense. We are aware of the 
necessity for this from having been compelled to take a similar course 
during our late civil war. We, however, endeavored to respect the free- 
dom of well-meaning foreigners, and certainly never adopted or carried 
into effect any measure as objectionable as the decree referred to. You 
will, consequently, with firmness, but with courtesy, protest against the 
indiscriminate execution of that decree. 

A copy of this instruction will be communicated to Mr. Eoberts, the 
envoy extraordinary and minister plenipotentiary of Spain here, in order 
that he may make known to the proper authorities the views of this 
government on the subject. 



No. 59. 
Mr. Plumb to Mr. Fish. 

No. 225.] Havana, November 17, 1869. 

I had the honor to receive, on the 3d instant, your dispatch No. 63, of 
the 25th ultimo, upon the subject of the decree issued by the Captain 
General of this island on the 28th of September last, relating to passen- 
gers embarking and vessels carrying passengers from the ports of Cuba, 
which decree was transmitted to the department with my dispatch No. 
181 of the 15th of October. 

By the same mail that brought me your dispatch, there was received 
here, as I have learned, from the Spauish minister at Washington, a 
transcript of the same, as communicated to him by the department, in 
order that he might make known to the proper authorities the views of 
the government of the United States upon the subject of the said de- 
cree. I further learn that a reply to his communication was made by 
General Carho, acting in the temporary absence of General Eodas, and 
was forwarded by the mail of the 13th instant. 

Deeming it best to await the return of General Eoclas and the politi- 
cal secretary, Mr. Fernandez, before acting under the instruction con- 
tained in your dispatch, I have, in an interview with them to-day, 
stated that I had received your instructions to protest against the indis- 
criminate execution of the decree referred to. 

The Captain General assured me that the decree in question was not 
intended to apply to passengers in transit, and would not be so applied, 
and that if any modification in this respect of the decree and regula- 
tions, as issued, was necessary, to remove misapprehension, it would 
immediately be made. 



92 THE EE VOLUTION IN CUBA. 

I understand modifications to this effect will be issued and published 
in the Gazette, possibly in time to send by this mail. 

It is proper I should state that no case has yet been brought to my 
notice of difficulty experienced by any citizen of the United States 
arising from the operations of the said decree, as thus far executed. 



No. 60. 
Mr. Plumb to Mr. Fish. 
No. 230.] Havana, November 20, 1869. 

Eeferring to my dispatch No. 225 of the 17th instant, I have now the 
honor to transmit herewith a copy of an order published in the Official 
Gazette of last evening, explanatory of the decree of the 28th of Sep- 
tember last, relating to passengers embarking and vessels carrying pas- 
sengers from the ports of this island, and declaring that the said de- 
cree does not apply to passengers in transit. 



[Translation.] 
SUPERIOR POLITICAL GOVERNMENT OF CUBA, OFFICE OF THE SECRETARY. 

Doubts having arisen with regard to the first article of the decree of the 23th of 
September last, notwithstanding the instructions published on the 13th of October for 
its execution, his excellency the superior political governor has seen fit to declare, in 
order to avoid further misunderstanding, and although this is distinctly stated in the 
said article, that it only applies to passengers embarking in the ports of this island, 
and not to those arriving in transit ; which is published for the information of whom 
it may concern. 

Havana, November 19, 1869. 

The Secretary, CASAKEO FEENANDEZ. 



No. 61. 

Mr. Sickles to Mr. Fish. 

No. 26.] Madrid, October 16, 1869. 

I have the honor to transmit herewith a copy * * * * 

and translation of his (Mr. Silvela's) reply, dated the 8th instant; also 
a copy of the decree concerning liberty of worship in the island of Cuba, 
and the circular of the minister of ultramar, referred to in Mr. Silvela's 
note, taken from the Official Gazette of the 28th September. 



Mr. Silvela to Mr. Sickles. 
[Translation.] 



October 8. 



Your excellency observes that while the President of the republic reserves his liberty 
of action, he will be happy if he can contribute in anything to the pacification of Cuba, 
a result equally advantageous to the interests of America and of Spain. 

This frank and noble declaration is extremely satisfactory, and I beg that your 
excellency will present to the President the thanks of the Spanish government. At 



THE REVOLUTION IN CUBA. 93 

the same time, I venture to indicate two acts which it is in his power to accomplish, 
and which will serve as an illustration of these loyal and friendly purposes toward 
Spain. 

The first is to exercise all his natural influence upon those who, having taken refuge 
in American territory, foment the rebellion, to the end that they, following the gener- 
ous initiative of the Spanish government, contained in the Gazette of the 28th of Sep- 
tember, may induce their followers to abstain from giving a savage character to the 
conflict, with the outrages and ferocious crimes with which they have been hitherto 
stained. 

The Spanish government having manifested its purpose to confine the contest within 
the limits prescribed by modern civilization, orders having beeu given to the authori- 
ties to proceed with all the moderation required by humanity, it would be truly mon- 
strous if the insurgents should continue the barbarous conflict which they have begun, 
and should keep on perpetrating the excesses which outrage the consciences of honor- 
able men, rendering themselves wholly unworthy of the generous hospitality which 
the republic dispenses to those who, under the name of the Cuban Junta, stand forth 
as promoters of the insurrection. The Spanish government having spontaneously set 
this example, and being resolved to act in a civilizing and humanitarian sense, a wide 
field is opened to the United States to show their sympathies and their good will 
toward a government and a nation which proceeds in this manner, notwithstanding 
the conduct of the rebels. 

The second act, which may illustrate the sincerity of the President's offers, is in 
regard to the gunboats constructed in the United States by the order and at the ex- 
pense of Spain, not to go against Peru, nor even to fight the insurgents of Cuba, but 
to defend our coasts against the aggressions of filibusters and pirates. 

The strongest argument which your excellency has used on various occasions to 
endeavor to demonstrate the importance of the insurrection has been the extent of its 
duration ; but this argument will have no weight while the insurrection receives con- 
tinual increase and nutriment from abroad ; while it does not remain isolated and 
without other partisans and champions than the Cubans themselves. Only when the 
insurrection persists in this manner can it be urged that it is rooted in the country; 
that the majority of the Cubans desire to be independent, and even that they are 
worthy to be so, and are possessed of sufficient means, vigor, and energy to form a 
nationality and a separate state. At this time, in the present state of things on that 
island, Spain cannot believe nor admit that the majority of the Cubans incline to sepa- 
ration from the mother country, but that a turbulent and blind minority, excited and 
aided by adventurers and speculators of other countries, by filibusters and pirates 
guided by evil passions and not by patriotic purposes, aspire to overcome the general 
will of their own countrymen, and that this is the sole cause of the discord which we 
deplore. At this time Spain does not and cannot see in Cuba the profound sentiment 
and true capacity of independence, and therefore, if she should consent to a separation 
from that rich and ancient colony, she would not have the great consolation of think- 
ing that she was giving existence to a new nation, but the deep remorse of weakly 
abandoning her own children — of leaving unprotected a people of her own language 
and race to miserably perish and disappear. 



No. 62. 
Mr. Plumb to Mr. Davis. 

No. 195.] Havana, October 26, 1869. 

I have the honor to inclose to you herewith a copy of a decree pub- 
lished in the Official Gazette of this city, on Sunday, the 24th instant, 
establishing freedom of religion in this island. 

This great step of progress in a country so closely connected with us 
as is the island of Cuba, I have . deemed should receive some notice on 
the part of the representative here of the United States, and I have 
therefore to-day called upon the Captain General, and have presented 
to him, in that character, my congratulations upon the adoption of this 
most important measure, in which I assured him the people and the gov- 
ernment of the United States could not but feel a deep interest, forming, 



94 THE REVOLUTION IN CUBA. 

as the principle of religious liberty does, one of the cardinal bases of out 
institutions. 

General Eodas said it was a source of great satisfaction to him to have 
the privilege of placing his signature to a measure of this character. 



[Translation— Official. ] 

SUPERIOR POLITICAL GOVERNMENT OP THE PROVINCE OP CUBA — REGENCY OF THE 
KINGDOM — MINISTRY OP ULTRAMAR. 

Sir : One of the most sacred rights possessed by the human race, religious liberty, 
unanimously demanded by popular assemblies, has, at length, been legitimately conse- 
crated by the Spanish democratic constitution, in which it is expressly declared that 
the State, as an institution called to accomplish one great end of life, can neither pen- 
etrate into the recesses of the spirits of man, and should not impede manifestations 
-which are foreign to it. The natural limits which separate the domain of religion 
from that of politics being thus distinctly drawn, the pious man will no longer fear 
lest a foreign authority dictate to the conscience laws which, right though they may 
be, carry with them a denial of the religion which they pretend to aid, tacitly sup- 
posing that it has not within itself reasons to exist, and capable, at most, of disguis- 
ing inward indifference with the rigor or the ostentation of the most scrupulous prac- 
tices. Nor will the state view with fear a power which, recognizing no authority 
among men, and uniting all powers in its own hand, might, perhaps, think again to 
raise pretensions to guardianship and political power, which, if they deserved to exist 
in former times, would now involve the condemnation of science and history. 

Sj)ain could not stand remote from the general movement of Europe and the world. 
It would have been useless and impolitic to try to sustain, by artificial means as a uni- 
versal creed, what does not seem equally acceptable to the intelligence of all Span- 
iards, and experience admonished us to prevent struggles for power, which are almost 
always precursors of lamentable catastrophes. These considerations become, if possi- 
ble, more weighty when applied to the inhabitants of the Spanish Antilles. Very near 
to a continent where religious liberty is a universal fact; close to a powerful republic, 
whose most free constitution has none like it in Europe, except that of Spain ; needing 
emigrants to people their fertile, though abandoned fields, and open, by reason of their 
insular position, to contact with all nations, it would be unjust to deny to foreigners, 
who, by their intelligence, labor, and capital, contribute to their (i. e., that of the An- 
tilles) enviable prosperity, the privilege of openly holding religious creeds, which are 
certainly deserving of respect; and would likewise be dangerous, and especially inop- 
portune, to alienate from us, by useless and unjustifiable intolerance, the sympathies 
of the friendly nations, and vain and illusory to maintain legal barriers which the ne- 
cessities of commerce, that relentless destroyer of all exclusiveness, must constantly 
pass. And as to the Spaniards who were born in the territories, our course would be 
most illogical were we to deny them a right which, on the mere consideration that 
they are men, we accord to natives of the peninsula ; we should thus oppose the irre- 
sistible tendency of the age, which directly conducts to the fraternal union of nations. 
The government, which is the guardian of the unity of the state, must defend, even 
by force, the integrity of its territory, which is but another expression of said unity; 
but it is determined, aided by the will of a people whose courage and energy increase 
in proportion to the difficulties that arise, to spare, for the attainment of this object, 
neither efforts nor sacrifices. It must also (and it has given many proofs of its firm in- 
tention to do so) inaugurate the necessary reforms, in order that our brethren beyond 
the sea may enter upon the life of liberty and justice which Spain, by the revolution 
of September, h^s conquered for all her sons. For these reasons the undersigned min- 
ister has the honor to propose to your highness the following plan of a decree : 

The Minister of Ultramar : 

MANUEL BECERRA. 

Madrid, September 20, 1869. 



DECREE. 

In accordance with the suggestion of the minister of ultramar, (i. e., of the Spanish 
transmarine possessions,) with the approval of the council of ministers, I decree as 
follows : 

Article I. The public aud private exercise of the religion which they may profess 
is guaranteed to all inhabitants of the Spanish Antilles, without any limitations, save 
the universal rules of propriety and law. 



THE REVOLUTION IN CUBA. 95 

Art. II. The obtainment and discharge of all public functions, as well as the ac- 
quisition and exercise of civil and political rights, are independent of creeds. 
Art. III. The government will give due notice to the Cortes of the present decree. 
Done at Madrid, September 26, 1869. 

FRANCISCO SERRANO. 
The Minister of Ultramar : 

MANUEL BECERRA. 
Havana, October 23, 1869. 

Let it be observed. 

CABALLERO DE RODAS. 



No. 63. 

Mr. Plumb to Mr. Davis. 

No. 196.] Havana, October 26, 1869. 

Another reform of some importance has been established here, in the 
publication on the 20th instant of a decree, removing- the restrictions 
which for some time have existed upon the formation of joint stock 
companies for industrial and other purposes, and terminating after a 
short period the intervention which the government has heretofore 
had in such companies. 



No. 64. 
Mr. Plumb to Mr. Fish. 

No. 183.] Havana, October 15, 1869. 

#### ###** 

Shortly after the insurrection commenced last year, the insurgents 
occupied the town of Bayaino, a place of two thousand three hundred 
whites, two thousand eight hundred free blacks, and nine hundred slaves, 
and subsequently destroyed it. 

They also temporarily occupied the town of Holguin, a place of two 
thousand nine hundred whites, one thousand four hundred free blacks, 
and live hundred and sixty slaves. 

Since then the only places that have been mentioned as in their po- 
session are Sibamca, a small village or hamlet in the district of Puerto 
Principe, and Guaimaro, another village stated to have five hundred in- 
habitants. 



No. 65. 

Mr. Plumb to Mr. Davis, 

No. 207.] Havana, November 2, 1869. 

In my dispatch No. 183, of the 15th ultimo, I stated that the only 
towns on this island that have recently been reported as iu possession 
of the insurgents were Sibamca, a small village or hamlet in the dis- 
trict of Puerto Principe, and Guaimaro, another village stated to have 
five hundred inhabitants. 



96 THE REVOLUTION IN CUBA. 

It now appears that both of these places have been destroyed. 

Having seen in the papers here a statement to that effect, I have 
made inquiry through both private and official channels, and the asser- 
tions appear to be confirmed. 



No. 66. 
Mr. Plumb to Mr. Davis. 

No. 208.] Havana, November 2, 1869. 

On the 30th ultimo I received from Mr. Hall, United States consul at 
Matanzas, a letter, in which he states as follows : 

" Inclosed I send you a slip that was probably printed in New York. 
Comments upon it are unnecessary. Evidently, the leaders of the insur- 
rection, despairing of getting up a rising of the whites in this part of 
the island, have commenced tampering with the negroes. The conse- 
quences, if the plan should succeed, will be fearful for the blacks. The 
slip I send you was received per mail by a resident here. He gave me 
this one, and destroyed the others." 

g*; zfc t t £ sfc ^ , 'ft- 31* *>r *3F 

Such means as are indicated by this incendiary document are simply 
those of destruction. 

No desirable state of affairs on this island, no change for the better in 
its institutions, can be brought about through the adoption of such 
measures. 

The elements that will remain will be far more likely to make the 
island a desert than to successfully establish a free republic. 



[Translation.] 

The negroes are the same as the whites. The whites are not slaves, nor do they work 
for the negroes. The negroes, therefore, should not he slaves, nor work for the whites. 
The Cubans wish that the negroes should be free. The Spaniards wish that the negroes 
should continue to be slaves. The Cubans are fighting against the Spaniards. The 
negroes who have any shame should go and fight along with the Cubans. The Span- 
iards want to kill the Cubans so that the negroes never can be free. The negroes are 
not fools ; they have a great heart, and they will fight along with the Cubans. When 
the Cubans who are fighting pass where the negroes are, then the negroes should go 
with them, in order to be free. When the Cubans who are fighting are far from the 
negroes, then the negroes should run away and should go with the Cubans ; but before 
they go they should burn the estates. If in the estates there were not slaves, and they 
gave the negroes their money for their work, the estates would be good, for they help 
the poor people to live ; but in the estates the negroes have nothing more than the 
lash, and all the money is kept by the master to give to the Spaniards. If the estates 
are not bnrnt, the crop will be made, and the money of the crop will go to the Span- 
iards, and theu the Spaniards will send a great many soldiers, with guns and cannons, 
to kill the Cubans, and the negroes will remain slaves forever. The time to fight has 
come. It is better to be in the mountains fighting along with the Cubans, so that 
everybody — the negroes the same as the whites — shall be tree, than to be working as 
slaves. Viva la libertad ! Fire to the estates, and everybody to the mountains to fight 
against the Spaniards. 

LA JUNTA LIBEETADOEA DE COLOE, 

Press of the Negro Laborante. 
Havana, October 1, 1869. 



THE REVOLUTION IN CUBA. 97 

No. 67. 
Mr. Plumb to Mr. Davis. 

No. 211.] Havana, November 4, 1869. 

In the Official Gazette of this city of yestarday there is published, by 
order of the Captain General, what purports to be an order issued by the 
insurgent General Cavada, commanding in the vicinity of Cienfuegos, 
addressed to a subordinate insurgent officer, under date of the 5th 
ultimo. 

In this order, stated to have been found among documents taken from 
the insurgents, after acknowledging the receipt of a communication 
from the officer referred to, reporting that " in conformity with instruc- 
tions of the superior government" he had destroyed a certain sugar 
estate, Cavada proceeds to order him without delay to destroy a cer- 
tain other estate called " Marsillan," and then gives a list of various 
estates which he directs him to destroy as early as possible. 

"The estates," he adds, "belonging to Cubans, whose conduct with ref- 
erence to our cause does not merit chastisement, are to be left until the 
time, should it arrive, when their destruction becomes a peremptory 
necessity." 

The Captain General, in publishing this document, states that he does 
so in order that the public may be informed of the plans and intentions 
of those who call themselves saviors of the interests of this island, and 
in order that the owners of the estates mentioned may take such measures 
as may be necessary, in addition to the aid that will be given to them 
by the forces of the government, to impede, as they are now doing, the 
destruction of this class of property. 

In the same edition of the Gazette there is published what purports 
to be another document, taken from the insurgents in the department 
of the four cities, in winch, by order of the same insurgent General 
Cavada, instructions are given for the selection of persons who, as soon 
as the cane-fields are in proper condition, are to endeavor to effect their 
total destruction. This at certain seasons of the year, say by the month 
of January next, can be easily accomplished by setting them on fire, if 
there are persons so evilly disposed. 

In the publication of this document it is stated that, in consequence 
of the same, the Captain General has directed that from that date, the 
3d instant, all incendiaries who may be apprehended, whatever their 
number may be, shall be immediately shot. 

Should the desperate course of warfare that appears to have been 
adopted by the insurgent leaders be persisted in, and the general de- 
struction of the cane-fields be attempted, the exasperation that will 
ensue may lead to a fearful loss of life on this island. 



No. 68. 
Mr. Sickles to Mr. Fish. 
No. 31.] Madrid, November 3, 1869. 

The commission organized to prepare and report for the consideration 
of the Cortes a plan of administrative reform for the island of Porto 
S. Ex. Doc. 7 7 



98 THE EEVOLUTION IN CUBA. 

Rico, of wliicli I advised you in my dispatch No. 19, has been dissolved. 
The Marquis de la Esperanza, one of the deputies of Porto Eico, and a 
member of the board, informed the secretary of this legation, Colonel 
Hay, that the commission was unable to agree upon any plan. The dis- 
agreement between the government and the provincial members in- 
cluded among others the qrlestions of slavery, tariff, and taxation. The 
decree dissolving the commission, which appeared recently in the 
Gazette, assigns as the reason for the measure, that the time limited for 
the sittings of the board has expired. I shall inform you of whatever 
else may transpire on this subject. It is probable the matter will soon 
be brought up in the Cortes by the deputies from Porto Rico. 



No. 69. 
Mr. Sickles to Mr. Fish. 
No. 33.] Madrid, November 14, 1869. 

The colonial minister declared on the 8th instant in the Cortes that 
the government would not bring forward any measure of reform for 
Cuba until the last hostile band was dispersed, and the insurgents had 
lost all hope. You will perhaps find some interest iri a comparison of 
that view of Mr. Becerra with his expressions on the 6th of October, 
and I inclose reports of his remarks on both of these occasions. 



[Translation.] 

the colonial minister. 

October 6, 1869. 

Gentlemen : Our transmarine provinces have a right to reforms which are in har- 
mony with the constitution which Spain has framed, and the government is resolved 
to make in them such (reforms) as may he necessary. 

It is possible that a colony may have, at a given time, more liberty than its metro- 
polis ; possibly it may have less. The government Avill examine this matter with 
liberal judgment, not suffering itself to be misled by dangerous ideals, but grappling 
resolutely with all problems, social, political, and administrative. 

Nor does it become Spain to carry on a retaliatory warfare, and the government Avill 
adopt the necessary measures to cause the suppression of the insurrection in Cuba to 
proceed in accordance with the forms of regular warfare, according proper treatment 
to the wounded, to prisoners, and to those who surrender, relying upon the good faith 
of Spain, without interfering with the action of the courts, in the case of common 
crimes which may have been committed. 

It has been said that the cause of the insurrection was our bad colonial system, which 
does not comply with the demands of the age. 

This may be partially true ; but it is also true that under this pretext an attempt is 
made to attack the integrity of qur territory. Very well ; we will let it be understood 
that determined as Spain is to initiate the reforms which are demanded by the en- 
lightenment of the present century in America, she is equally determined to sacrifice 
her last man, her last cent, and her last cartridge, sooner than allow her honor to suf- 
fer any detriment. If fate shall be adverse to us, history will say : " Here lie the 
Spaniards, who, sooner than stain their honor, preferred to die like brave men.''" At this 
very time we are giving proofs of our purpose, by sending our soldiers to Cuba and 
Porto Rico, to j>rove to the world that our domestic contentions will not prevent us 
from employing all necessary means to conquer our enemies, and that the nation of 
Lepanto knows how to fight to-day as well as then. 



THE EEVOLUTION IN CUBA. 99 

the colonial minister. 

November 9, 1869. 
In due time the deputies of Cuba will come here, and with us will decide what best 
comports with the honor of Spain, and the welfare of those provinces which, distant 
as they are, have no less right to the reforms which civilization claims. 

But Spain is in the position of a man of honor, who does not yield what is asked of 
him by an armed adversary. The first thing is to cVmquer ; if possible, bloodlessly ; 
but if this be impossible, the right of force and the force of right will decide. (Tokens 
of approbation.) 



No. 70. 

Mr. Sicldes to Mr. Fish. 

No. 35.] Madrid, November 25, 1869. 

The minister of the colonies yesterday evening read to the Cortes the 
project of reforms for Porto Rico, about which there has been so much 
discussion and conjecture during the past month. I inclose the report 
which is contained in the journals of this morning. 



[Trauslation.l 

The minister of ultramar occupied the rostrum and read the following plan of a law : 

Article 1. The island of San Juan de Puerto Eico, which forms a part of the 
national territory, is considered as a province of the monarchy, with the same rights 
and conditions as those of the Peninsula, saving the modifications which may be estab- 
lished by law with regard to its government. 

ART. 2. The Spanish constitution, promulgated by the constituent C ortes, June 1, 
1869, shall henceforth extend to the island of San Juan de Puerto Eico, with the follow- 
ing alterations and additions : 

Article 8, paragraph 2, shall be thus modified : 

" When the writ lacks this requisite, or when the grounds on which it was based are 
judiciously declared illegal or notoriously insufficient, the person who shall have been 
arrested, or whose arrest shall not have been approved within the time specified in 
article 4, or whose dwelling shall have been forcibly entered with a search warrant, or 
whose correspondence shall have been intercepted, shall have the right to bring a suit 
against the judge who gave the writ for damages proportionate to the injury caused, 
but never for less than one thousand dollars." 

Article 18 shall read as follows : 

" No Spaniard residing in Porto Eico, who is in the full enjoyment of his civil rights, 
and who is able to read and write, shall be deprived of the privilege of voting at the 
elections for senators, deputies to the Cortes, provincial deputies, and members of 
municipal boards." 

Article 17, first paragraph, shall read : 

"No Spaniard residing in Porto Eico shall be deprived," &c. 

Addition to the first paragraph : 

" All public discussion by any of the means specified in the preceding paragraph, 
which may tend to promulgate ideas touching a separation of the island of Porto Eico 
from the mother countiy, or designed to impair the integrity of the Spanish territory, 
is prohibited. Likewise, so long as the state of slavery shall exist, all public discus- 
sion with regard to it is prohibited." 

To article 19 shall be added: 

"Notwithstanding the provisions of the preceding paragraph, the superior governor 
of Porto Eico, giving ear to the authorities, in the form prescribed by law, may, on his 
own responsibility, order the dissolution of any association whose object or whose 
measures may compromise the safety of the state, reporting to the government by tele- 
graph, if possible, or by the first opportunity, whether offered by a national or foreign 
vessel. 

" The government, all things being considered, will obtain from the Cortes the pass- 
age of the law referred to in the preceding paragraph, or will otherwise revoke the 
measure adopted by the superior governor of Porto Eico." 

Article 21 shall read thus : 

" The privilege of holding worship in public or private, in any form, is guaranteed 



100 THE REVOLUTION IN CUBA. 

to all inhabitants of Porto Rico without any restriction save the universal rules of 
morality and law." 

Article 24 shall read as follo-w s : 

"Any Spaniard may establish and maintain educational institutions without previ- 
ous -license, save the inspection of the proper authority, on grounds of hygiene and 
morality, and regarding the special prohibitions laid down in article 17 for the main- 
tenance of the national integrity*?' 

Article 31, paragraph 3, shall thus be modified : 

" But in neither law can any guarantees be suspended other than those given in the 
first paragraph of this article, nor can the government be authorized to banish Spaniards 
from the kingdom." 

Addition, at the end of the article : 

"In case of invasion of the territory, or under circumstances which he may deem 
grave, the superior governor, giving ear to the authorities in the form prescribed by law, 
may, on his own responsibility, suspend the guarantees mentioned in paragraph 1 of 
this article, reporting the fact immediately to the government by telegraph, if possible, 
or, if not, by the first vessel, national or foreign. If the supreme government, on due 
consideration, shall think it necessary to prolong the suspension of guarantees, it shall 
ask of the Cortes a law to this effect ; otherwise, it shall order the suspension of guar- 
antees in the island of Porto Rico to cease." 

Article 37 shall receive the following addition : 

" The legislative powers of the provincial deputation of Porto Rico shall be fixed by 
law, always without prejudice to the supreme right of the Cortes of the nation." 

Article 60, paragraph 5, shall be modified : 

"To this effect the electoral body of each municipal district shall elect a number of 
arbitrators equal to the sixth part of the number of members who are to constitute the 
municipal board." 

Article 99, paragraph 5, shall receive the following addition : 

" Definition of their powers and duties with regard to taxes, so that provincial and 
muuicipal functionaries may never be brought into opposition to the tributary system, 
and that they may, in no case, fail to grant and vote the means necessary for the serv- 
ices and expenditures made incumbent upon them by law." 

Article 100, paragraph 2, is rescinded. 

Article 108 is rescinded. 

Tbe following additions shall be made provisionally : 

" The rights laid down in the present constitution shall not be applicable to persons 
in a state of slavery while this exists, but they shall become so applicable as said per- 
sons gain their liberty by any of the means established by law ; they sball then enjoy 
all the rights guaranteed by this constitution to the Spanish inhabitants of Porto Rico. 

Art. 3. As soon as tbe Cortes shall have voted upon and sanctioned the present law, 
the government shall see that the constitution be published, with the alterations and 
additions which it shall have undergone, in order to become applicable to the island of 
San Juan de Puerto Rico. 

The Minister of Ultramar, 

MANUEL BECERRA. 

Madrid, November 18, 1869. 

It was announced that this plan would go to the sections for the appointment of the 
committee which is to report upon it. 



No. 71. 
Mr. Sickles to Mr. Fish. 

• [Telegram.] 

Madrid, November 28, 1869. 
Am authorized by minister of colonies to inform you that govern- 
ment measures for Porto Rico will include local self-government, free 
press, public schools, impartial suffrage, gradual but speedy abolition 
of slavery, civil and political rights without distinction of color, domi- 
ciled foreigners to vote for town officers after sis months' residence, and 
for members of provisional council after one year, and that these re- 
forms will in good faith be executed in Cuba when hostilities cease, and 
deputies are chosen in compliance with Article 108 of Spanish constitu- 
tion. 



THE HE VOLUTION IN CUBA. 101 

No. 72. 
Mr. Sickles to Mr. Fish. 

[Telegram.] 

Madrid, December 3, 1869. 

# # # • # # # 

Foreign secretary * * * wished me to assure you that Spain 
now desires the most friendly relations with all the American republics, 
and intends in her colonial policy to begin immediately the most liberal 
reforms. 



No. 73. 

Mr. Lowrey to Mr. Fish. 

Washington, December 15, 1869. 
Sir : As requested by the President, I called upon the Attorney Gen- 
eral immediately after my interview with the President and yourself on 
the afternoon of the 13th instant, and again with Mr. Evarts on the 
morning of the 14th. At the last interview he stated very clearly the 
purpose of the government, and declared that the affidavits presented 
by me were not regarded as furnishing evidence so good as is already 
in your possession, and that they would be disregarded. This being the 
case, I have withdrawn the letters and exhibits, they being private 
property, and, according to my understanding with the President, I now 
send you the affidavits for such use as you may choose to make of them. 
They are those of Miguel de Aldama, J.M. Mestre, Mr. Cavoda, William 
C. Tinker, F. B. Coppinger, Enrique Loring, and F. X. Cisueros. The 
persons whose affidavits are submitted are ready and willing to come 
here for examination orally if you desire. Mr. Tinker, as I informed 
you, was in the ante-room during the conference, and I hoped he might 
have been called in, as I proposed, to be heard. He will remain at the 
Arlington House for a few days ready to respond to any call and be 
further examined in any way you jnay require. 
Very respectfully, your obedient servant, 

GEOSVENOR P. LOWREY, 

78 Broadway, New York. 
Hon. Hamilton Fish, 

Secretary of State. 



No. 74. 

The Attorney General (Mr. Hoar) to Mr. Fish. 

Attorney General's Office, December 16, 1869. 

Sir : In compliance with your oral request, I send you, in writing, my 

opinion upon the question whether it is proper for the United States to 

cause a libel to be filed, under the third section of the statute of April 

20, 1818, entitled "An act in addition to the 'Act for the punishment of 



102 THE REVOLUTION IN CUBA. 

certain crimes against the United States,' and to repeal the acts therein 
mentioned," against the gunboats building in New York for the. Spanish 
government, on the ground that they are procured to be fitted out and 
armed with intent that they shall be employed in the service of Spain, 
a foreign state, with intent to cruise or commit hostilities against the 
subjects, citizens, or property of a "colony, district, or people" with 
whom the United States are at peace, namely, a "colony, district, or 
people " claiming to be the republic of Cuba. 

The statute of 1818 is sometimes spoken of as the neutrality act, and 
undoubtedly its principal object is to secure the performance of the duty 
of the United States, under the law of nations, as a neutral nation in 
respect to foreign powers ; but it is an act to punish certain offenses 
against the United States by fines, imprisonment, and forfeitures, and 
the act itself defines the precise nature of those offenses. 

The United States have not recognized the independent national 
existence of the island of Cuba, nor any part thereof, and no sufficient 
reason has yet been shown to justify such a recognition. In the view 
of the government of the United States, as a matter of fact, which must 
govern our conduct as a nation, the island of Cuba is a territory under 
the government of Spain, and belonging to that nation. If ever the 
time shall come when it shall seem fitting to the political department of 
the government of the United States to recognize Cuba as an independ- 
ent government, entitled to admission into the family of nations, or, 
without recognizing its independence, to find that an organized govern- 
ment, capable of carrying on war and to be held responsible to other 
nations for the manner in which it carries it on, exists in that island, it 
will be the duty of that department to declare and act upon those facts; 
but before such a state of things is found to exist, it is not, in my 
opinion, competent for a court to undertake to settle those questions. 

The judicial tribunals must follow and conform to the political action 
of the government, in regard to the existence of foreign states and our 
relations to them ; and it would, in my opinion, be inconsistent with 
the honor and dignity of the United States to submit to a court, and 
allow to be declared and acted upon, in such an indirect manner, rights 
and duties toward a foreign nation which the government is not pre- 
pared distinctly and upon its own responsibility to avow and maintain.^ 

It has been brought to my notice, as to yours, by persons who profess' 
to represent the Cuban insurgents, ijiat libels have already been filed 
in the courts of the United States, under the statute of 1818, to procure 
the condemnation of vessels, on the ground that they were being fitted 
out and armed with intent to be employed in the service of a " colony, 
district, or people," namely, the " colony, district, or people" of Cuba, 
with intent to cruise and commit hostilities against the subjects of Spain, 
a nation with whom we are at peace; and it is urged that this involves 
what is claimed to be the converse of the proposition, that, as we assert 
in those libels that Cuba is a " colony, district, or people" capable of 
committing hostilities against Spain, the law equally applies to an arma- 
ment procured or fitted out by Spain for the purpose of hostilities against 
Cuba, and that the executive government by filing those libels has vir- 
tually recognized the " colony, district, or people" of Cuba as belligerents. 

This argument seems to me to involve an erroneous legal notion, and 
to be based upon the idea that the statute of 1818, being an act to pro- 
tect and enforce the neutrality laws of the United States, cannot be applied 
except where there are independent parties to a contest entitled to equal 
rights. But this, I think, is an opinion wholly unsound. Undoubtedly 
the ordinary application of the statute is to cases where the United 



THE REVOLUTION IN CUBA. 103 

States intends to maintain its neutrality in wars between two otlier na- 
tions, or where both parties to a contest have been recognized as bel- 
ligerents, that is, as having a sufficiently organized political existence to 
enable them to carry on war. But the statute is not confined in its 
terms, nor, as it seems to me, in its scope and proper effect, to snch cases. 
Under it any persons who are insurgents, or engaged in what would be 
regarded under our law as levying .war against the sovereign power of 
the nation, however few in number, and occupying however small a ter- 
ritory, might procure the fitting out and arming of vessels with intent 
to cruise or commit hostilities against a nation with which we were at 
peace, and with intent that they should be employed in the service of a 
" colony, district, or people" not waging a recognized war. The statute 
wonld apply to the case of an armament prepared in anticipation of an 
insurrection or revolt in some district or colony which it was intended 
to excite, and before any hostilities existed. 

But, on the other hand, when a nation with which we are at peace, or 
the recognized government thereof, undertakes to procure armed vessels 
for the purpose of enforcing its own recognized authority within its own 
dominions, although there may be evidence satisfactory to show that 
they will aid the government in the suppression of insurrection or re- 
bellion, in a legal view this does not involve a design to commit hos- 
tilities against anybody. If the illicit distillers of any section of the 
United States combine together to resist by force the collection of the 
revenue, and arm themselves for this purpose, with the intent to set at 
defiance permanently and by force the laws of the United States, they 
may be levying war against the government; but when the government 
sends its officers to disperse or arrest the offenders, although it may find 
it necessary to employ military force in aid of its authority, it certainly 
cannot be considered as committing hostilities against the territory over 
which such operations extend. 

The question of belligerency between organized communities is a 
question of fact, and may be one of the gravest facts upon which a 
nation is called to decide and act. The concession of belligerent rights 
to a "colony, district, or people' 7 in a state of insurrection or revolution 
necessarily involves serious restrictions upon the ordinary rights of the 
people of this country to carry on branches of manufacture and trade 
which are unrestricted in time of peace. To prevent our mechanics 
and merchants from building ships of war and selling them in the 
markets of the world, is an interference with their private rights which 
can only be justified on the ground of a paramount duty in our inter- 
national relations; and however much we may sympathize with the 
efforts of any portion of the people of another country to resist what 
they consider oppression, or to achieve independence, our duties are 
necessarily dependent upon the actual progress which they have made 
in reaching these objects. 

This subject, as you are well aware, is one to which long and careful 
consideration has been applied, and the result which I have thus briefly 
stated, and which might receive much fuller statement and illustration, 
is that upon which the administration have acted. I trust that I have 
made my view of the law intelligible, and have the honor to be, 
Very respectfully, 

E. B. HOAB, 

Attorney General. 

Hon. Hamilton Fish, 

Secretary of State. 



104 THE EE VOLUTION IN CUBA. 

Kb. 75. 

AFFIDAVITS SUBMITTED TO THE ATTOENEY GENEEAL BY ME. GEOSVENOE 
P. LOWEEY AND ME. WILLIAM M. EVAETS, COUNSEL FOE THE CUBANS, 
TO ESTABLISH THE EXISTENCE OF A STATE OF WAE AND OF AN INDE- 
PENDENT GOVEENMENT IN CUBA. 

Considering it is of the utmost importance for the best service of the state, and hav- 
ing the firm determination that the rebellion already quelled by the force of arms in 
the interior part of the island may not receive from outside any kind of resources 
that may serve to make it live longer with great harm to property, to industry, and to 
commerce, and in use of the supreme and discretional faculties of which I have been 
invested by the supreme government of the nation, I decree — 

Only article : All ships that may be captured iu Spanish waters or in free seas near 
the island, with cargo of men, arms, and ammunition, or effects which may in some 
way serve to promote or swell the insurrection in this province, whatever may be his 
port of sailing and destination, after his papers and roll maybe examined, will, in fact, 
be considered as enemies of the integrity of our territory and treated as pirates in con- 
formity with the navy rules. 

All men found in them, whatever their number may be, will be immediately shot. 

DENUNGO DULCE. 

Havana, March 24, 1869. 



On this date I have considered convenient to decree the closing of all the ports and 
landing places of the central and western departments where there may not exist cus- 
tom-houses, not only to coastwise commerce, but also to ocean navigation. It will be 
the duty of the commanders of men-of-war to make known this measure to the cap- 
tains or masters of the ships they may find sailing in direction to any one of said ports, 
with the object that they may sail to the place nearest to their destination, where a 
custom-house may be found, and that is published that it may be generally known. 

LEESUNDI. 

November 9, 1869. 



CARLOS MANUEL DE CESPEDES, PRESIDENT OF THE REPUBLIC OF CUBA. 

In use of the power and authority which I exercise, and of the ratification of the said 
power by the House of Eepresentatives on the 22d of April, 1869, and taking into con- 
sideration that it is very important for the cause of the independence and freedom of 
the nation to constitute a special mission near the government of the republic of the 
United States, with all powers to secure the triumph of the holy cause which the 
sons of the said island are maintaining to emancipate themselves from the ominous 
domination of Spain, and considering that citizen Jose Morales Leinus fully possesses 
all the requirements to fulfill so ctelicate a mission, I name and ratify him especial 
envoy and minister plenipotentiary of the republic of Cuba, near the government of 
the United States, which commission he will exercise with full power, which I grant to 
him in the name of the nation I represent, authorizing him to exercise all the faculties 
due in all civilized nations to diplomatic agents and charges d'affaires, and especially 
to urge near the said government of the United States of America the recognition of 
the independence of the island of Cuba, and all moral and material help for the prosecu- 
tion of the war. 

Given at Berrocal this 31st day of May, 1869, in the second year of the independence 
of Cuba. 

[seal.] CAELOS MANUEL DE CESPEDES, 

President of the Republic. 

Eamon Cespedes, 

Secretary of Foreign Affairs. 



Affidavit of Miguel de Aldama. 
City and County of New York, ss : 

Miguel de Aldama, being duly sworn, says: 

I am a native of the island of Cuba and have for the most part of my life resided in 
the city of Havana, but am at present resident in the city of New York, and am presi- 
dent of the Cuban Junta in that city. That said Junta is the financial aud business 
agent in the United States of the government of the republic of Cuba, and in a con- 



THE REVOLUTION IN CUBA. 105 

siderable degree manages and controls all the business and affairs of the people of the 
island of Cuba who yield allegiance to said republic. As president of the Junta it is 
my duty to receive official communications from the government of the republic, and 
to know, and I do know, the actual state and condition from time to time of the revo- 
lution and its forces in Cuba. I have read the affidavits of William C. Tinker, Enrique 
Loinaz, of Mr. Coppeuger and Mr. Cisueros, and I know those affidavits to be strictly 
true so far as they relate to the organization of the government, the general condition 
of the country, the administration of the laws, the sentiments of the people, and all 
the circumstances of the republican government, and I believe them to be true in every 
other respect concerning those matters of which I have no personal knowledge. The 
gentlemen above named are persons of good repute and standing iu the island of Cuba 
and their statements are entitled to the utmost credit. 

Late on Thursday evening I caused a telegraphic message to be sent to the President 
of the United States, asking him to hold the thirty Spanish gunboats until I could ad- 
dress to him proofs which would satisfy him that the government of Cuba is a do facto 
government, sufficiently established to be entitled, if not to recognition, to a fair ad- 
ministration in its favor of the neutrality laws, and that it is actually carrying on a 
war in the international sense of that term, and maintaining itself against its enemy 
successfully. I received an indirect intimation from a friend in Washington, late on 
Friday, that my communication would be received up to Monday, December 13. I 
make this explanation because, having had only Friday evening and Saturday to 
gather the witnesses, and prepare their statements, and examine my correspondence bear- 
ing upon the subject, and select and arrange such documents and translations thereof as 
are material, it seems necessary to excuse the hasty and probably imperfect manner in 
which the work has, withiu that short time, been accomplished. Mr. Loinaz is the 
last person who, so far as I know and believe, has arrived from the republican district 
of the island of Cuba, and before his arrival Messrs. Cisueros and Tinker were the last 
persons. The accounts given by them in their affidavits are strictly true according to 
the accounts rendered by them, as a performance of their duty, to this Junta, concern- 
ing the state of things in Cuba, and is in strict accordance with all other advices re- 
ceived from the government of the republic. The subsequent advices have been by 
sailing vessels and the mail, by indirect routes, and come down to a period as late as 
about the 15th of November. The last commuuication was from General Cavada and 
contains the captured Spanish letters which have been published in the newspapers. 
I have no doubt whatever of the entire authenticity of these captured Spanish letters, 
and that they actually state the condition of things in the Cinco Villas district, of the 
Spanish troops. 

These communications are submitted and translations have been made of as many of 
them as time would permit, and further translations will be continued, if desired, so 
that all can be read iu the English language. They do not disclose any falling off, nor 
do I believe there has been any falling off or retrogression in the revolution. On the 
contrary, I believe that it has constantly gained force, strength and territory from the 
day of the outbreak in October, 1868. I also believe and declare as my solemn convic- 
tion that the almost entire Cuban people, without respect to age, rank or circumstances, 
are engaged in this rebellion, urged thereto by a long course of oppression beyond 
all conception, by any person who has not lived under a Spanish colonial government, 
and that they are fully determined to sacrifice everything rather than again submit to 
Spanish rule, and that, should the war be prolonged, the only result in the end must 
be that the dominion of the island will be wrested from the Spanish government, or that 
the entire property of the island will be destroyed. I know of my own knowledge 
that, as one of its first acts, the government of the Cuban republic, composed largely 
of persons who owned slaves, declared the emancipation of all slaves, and that that 
action has met with the universal approval of all adherents of the republic. I was the 
owner before October, 1868, of about 2,000 slaves. I now regard these slaves as all free, 
and as my equals in every political privilege and right in the island of Cuba. All of 
my slaves, however, unfortunately for them, lived on plantations within the Spanish 
lines, and have been confiscated as property and are still held in slavery without my 
consent and against my wish. I only mention my case, because my desires and pur- 
poses concerning these slaves are the same as those of every other Cuban owner of 
slaves who is loyal to the revolution. I know by public and private information that 
the republic of Cuba has been recognized as an independent nation by the republic of 
Peru, and that it has, according to diplomatic form, been recognized as a lawful bellig- 
erent by the republics of Chili and Bolivia and Mexico; also that it has sent diplomatic 
representatives to France, England, Peru, Bolivia, Venezuela and Mexico, and that Mr. 
Jose Morales Lemus is its duly accredited diplomatic representative to the government 
of the United States, and I herewith attach a translated copy of his commission, which 
is in due and usual form. Mr. Morales Lemus is at present ill at his house in Brooklyn, 
avid is therefore unable to participate in this representation. I know that the republic 
of Cuba owns live ships which have been purchased with a view of forming a navy, and 
that the president has issued commissions to officers' to command those vessels, and that 



106 THE REVOLUTION IN CUBA. 

lie lias also issued letters of marque and reprisal. I also know, by having seen the pro- 
clamation of the Captain General, that the ports mentioned by Mr. Loinaz, in his affi- 
davit, have been closed by his decree to neutral commerce, they having before such de- 
cree been open to commerce with oiher nations on the same terms as all other Spanish 
ports. I attach hereto a translated copy of the decree. I know by public information 
that Spanish cruisers have claimed and have exercised the right upon the high seas to 
visit and search neutral vessels, instances of which are mentioned in the President's 
late annual message. This power is claimed to be exercised under a decree of the Cap- 
tain General, dated March 24, 1869, a translated copy of which is hereto annexed. I 
know that two vessels have been seized in the United States and libeled by the gov- 
ernment thereof, namely, the Catharine Whiting, at New York, and the Cuba at Wil- 
mington, for condemnation, on the ground that they had been fitted out and armed 
within the limits of the United States with intent to cruise and commit hostilities in 
the service of the republic of Cuba, against the foreign state of Spain, and those two 
vessels are now held and being prosecuted upon that ground, and that various persons, 
including Mr. Morales Lemus, have been indicted in the southern district of New York, 
for hiring and enlisting men to enter the service of a certain foreign people, to wit, a 
portion of the people of the island of Cuba. I know that it is impossible for any person, 
not a Cuban, visiting Havana, or any of the ports or towns in the possession of Span- 
iards, to obtain reliable information concerning the revolution. In most cases the 
Spaniards themselves are not able to obtain it, being unable with their utmost force 
to penetrate into the country held by the patriots. But the Cubans in those places 
possessing such information never dared to impart it to any person not well known to 
them, for fear of persecution and death by the Spanish soldiery. 

I left Havana in May last. I was well acquainted with the general condition of af- 
fairs in the island at that time, and I know that there were not less than 30,000 regu- 
lar Spanish troops in the island, besides about 30,000 Spanish volunteers. I have been 
informed, and believe, that General Prim declared, at a session of the Spanish Cortes, 
but a short time since, that he had sent 40,000 troops and fourteen men-of-war to the 
island, and notwithstanding the presence of this large army, I know, from my own 
authentic correspondence, that the territory from time to time brought within the 
scope of the revolution has not, nor has any part of it, been taken again, and that the 
lines of the revolutionary territory have been gradually extended uutil they now in- 
clude nearly two-thirds of the entire island, and about one-half the population. The 
Spanish troops are armed with the most modern and efficient arms, such as repeating 
rifles, and the Cuban troops have no better arms than the common Springfield musket 
or Enfield rifle. According to my best information and belief, the Cuban army now 
consists of about 40,000 men, armed, more or less, and there remain nearly 80,000 more 
men duly enrolled and ready to take the field as soon as they can be armed with any 
weapon. The disposition of these troops has been resolved" upon by the military au- 
thorities in full view of the special circumstances of the country, of the danger of risk- 
ing great battles against experienced soldiery, armed as the Spanish soldiers are, by 
soldiers gathered from all occupations and so indifferently armed as the Cubans are. 
It is deemed by them better policy to exhaust the enemy, all of whose provisions and 
supplies have to be brought from abroad, and constantly to improve the efficiency of 
our own troops by drill, discipline, and military supplies, as we can obtain them. Not- 
withstanding this, many combats have taken place, and been officially reported to the 
Junta, in which the Cubans have gained important advantages, and inflicted very 
severe loss upon the Spaniards. I have read in an official report of the Captain Gen- 
eral to the government in Spain that the Spanish army had lost fourteen thousand 
troops this year in battle and by sickness. These combats have all been conducted 
according to the customs and usages of war, by organized and enrolled men, under 
military discipline and command, and all subject to the order of a commander-in- 
chief, who is himself subject to the control of the civil government, in the same man- 
ner as the General of the army of the United States is subject to the President and 
Congress. 

I am acquainted with the coasts of the island of Cuba, and I know that the vessels 
known as the Spanish gunboats are adapted to be used on those coasts for the purpose 
of cruising and committing hostilities against the citizens, subjects, and property of 
the republic of Cuba, and of the people and the district controlled by it, of which re- 
public Manuel Cespedes is the duly elected president, and a true copy of the constitu- 
tion of which, publicly promulgated, is submitted and attached to the affidavit of Mr. 
Tinker. 

The republic of Cuba has adopted a flag, aud all its military operations are identified 
by, and conducted under this flag, as the symbol of its power and claim to national ex- 
istence. I am informed from the island, and believe, that ihe republican troops are 
under good discipline. The army is composed of farmers and respectable country peo- 
ple and the emancipated blacks, and all their operations are under military control and 
the usages of war, and there is almost an entire absence of robbery or disorder within 
the lines of the republican forces. Within these lines no authority is acknowledged by 



THE REVOLUTION IN CUBA. < 107 

the people but that of the republic ; and no laws are or can be executed, but those of 
the republic ; and all the civil relations of the people are. regulated and controlled by 
these laws through courts and officers created by the republic. 

I have personal knowledge of the fact that Captap General Dulce sent two commis- 
sions, under a flag of truce, to General Cespedes, then the president and general-in- 
chiefof the republic, to negotiate for a cessation of hostilities. These commissions 
were composed, the tirst of three persons, the second of two ; and they did pass under 
a flag of truce through the line of the republican forces, and held communication with 
General Cespedes. 

My information concerning the matters of which I have spoken is derived from nu- 
merous sources, so various that I cannot in this short time particularize them, but they 
are all, in a certain degree, official and creditable, and are such as I rely upon in the 
performance of the duties of my office, and the belief which I have expressed above is 
solemnly entertained by me without doubt of its correctness in every particular. 

MIGUEL DE ALDAMA. 

Subscribed aud sworn to before me this eleventh day of December, 1869. 

CHARLES HARRIS PHELPS, 

Notary Public, County of New York. 



Havana, July 9, 1869. 

It being of the utmost importance for the extermination of the bands of rebels which, 
till now, have been able to maintain themselves only with exterior aid, to exercise the 
utmost care and vigilance ou the coasts of this island, adjacent keys and Spanish sea, 
with the object of giving a vigorous impulse to the prosecution, and with the idea of 
dispelling all doubts that may present to our cruisers about the exact meaning of the 
decrees of this superior government of 9th November, 1868, and 18th and 26th February, 
and 24tb March, of 1869, I have determined to joiu and explain in this all the above 
dispositions, and iu use of the faculties of which I am invested by the supreme govern- 
ment of the nation, I decree hereby : 

Article 1. All the ports of the north coast from Cay Bay of Cadiz to Puntade Main, 
and in the south coast from Pun ta • de Main to Cienfuegos, will remain closed for all 
commerce of importation and exportation, and for all ships, not only of coastwise navi- 
gation, but also of ocean navigation, with exception of Sagua, Carbarien, Nuevitas, 
Gibara, Baracoa, Guantanamo, .Santiago de Cuba, Mauzanillo, Santa Cruz, Zara, Casilda 
o Trinidad, and Cienfuegos, places in which there are custom-houses. All those ships 
which will try to enter in closed ports or communicate with the shore will be pursued, 
and in case of capture will be punished as infractors of the laws. 

Ai:t. 2. Ships with cargoes of gunpowder, arms, and military supplies will be tried 
according to the same laws. 

Art. 3. The transportation of meu in the service of the rebellion being much more 
important than that of contraband of war, will be considered as an act completely hos- 
tile, and in consequence the ship and crew will be tried as enemies. 

Art. 4. If the men to which the above article refers are armed, that will be con- 
sidered as a de facto proof of their intentions, and they will be tried as pirates, and the 
crew of the ship also. 

Art. 5. All shin.';, armed in war or not, that may be captured sailing under an un- 
known flag, will also, according to law, be considered and tried as pirates. 

Art. 6. Cruisers in the free seas contiguous to the island Avill limitate their action on 
ships denounced, or on those whose bearings may appear suspicious, to the right con- 
signed in the treaties between Spain and the United States in 1795, and Great Britain, 
1835, and those made afterward with other nations, and if, in the exercise of those 
rights, they happen to find ships acknowledged as enemies of the integrity of the ter- 
ritory, they will take them to port for the consequent legal investigation and trial. 

CABALLERO DE RODAS. 



Affidavit of I. M, Mestre. 

City and County of New York, ss : 

I. M. Mestre, being duly sworn, says : 

I am a native of the island of Cuba ; a lawyer by profession. For several years, until 
the beginning of the present year, I was the professor of jurisprudence in the university 
of Havana. I am now the secretary of the Cuban Junta in New York, and reside at 
135 West Twenty-first street, in that city. As such secretary it is my duty to be in- 
formed from time to time, as communication is practicable, of the actual state of the 
revolution in Cuba, and all the circumstances connected with the struggle now going 
on there. I have read the affidavits of Aldama, Tinker, Cesineros, Loiuaz, and Cop- 



108 THE EE VOLUTION IN CUBA. 

penger, and the statements therein concerning the resources and operations of the 
revolutionary party, their orgaiiization and administration of civil government, the 
sentiments and purposes of the people, the closing of ports by the Captain General, are 
true, within my own knowledge, £3 derived from my own observation and official com- 
munications received by the junta. I concur in Mr. Aldama's statement, that, accord- 
ing to all the information in the possession of the junta, the revolution has constantly 
gained strength and ground, and has never lost any of either from the first uprising in 
October, 1868. It is my solemn belief, and I know that that belief is concurred in by 
the junta, and by all persons who are in the way of receiving any information from 
that part of the island controlled by the republic, that the revolution is stronger to-day 
than ever before, and in a fair way to achieve independence and the liberty of all per- 
sons, according to the twenty-fourth article of its constitution adopted on the 10th day 
of April, 1869, as follows : 

" XXIV. All the inhabitants of the republic of Cuba are absolutely free." 

At the time of the late revolution in Spain, it was the desire of a large part of the 
people of Cuba to participate in the blessings of liberty which the Spanish people 
claimed for themselves, and for this purpose a number of prominent persons, some of 
whom were officials, solicited an audience with the Captain General, at his palace in 
Havana, in order respectfully to petition for the granting of certain rights, without 
which they believed it impossible to restrain a popular outbreak. Their appeal, which 
was made with the hope of saving bloodshed, was insolently received and repelled, and 
all hope that Cuba would benefit by the revolution forbidden to them. I was present 
as one of this deputation, and the account of that interview, hereto annexed, is cor- 
rect. 

Communications with and from the government of the republic are necessarily un- 
frequent and irregular. But it is well known, however, that there is no serious diffi- 
culty in making a port in Cuba in which free communication can be had with the 
revolutionary government ; the only real difficulty consisting in departing from or 
coming to adjacent neutral ports. 

I attach hereto a true copy of a proclamation by the Captain General, issued July 9, 
1869, containing the blockade of domestic ports against neutral countries, which was 
first decreed bv the proclamation attached to Mr. Aldama's affidavit. 

I. M. MESTEE. 

Subscribed and sworn to before me this 11th day of December, 1869. 

CHAELES HAEEIS PHELPS, 

Notary Public, County of New TorJc, 



Memorandum of the incidents of a meeting held at General Lersundi's palace, of several re- 
spectable and wealthy citizens of Havana, on the 2ith of October, 1868. 

The telegraphic news of revolutionary movements in Spain was naturally sympathized 
with by a majority of the people in Cuba, whose sentiments are decidedly liberal ; and 
the principles there proclaimed deeply agitated the public mind, inspiring the wish to 
participate in similar advantages. The desire was evident to obtain a guaranty, an 
assurance or a direct promise, that the island was not to be cut off as before from the 
national progress, nor its inhabitants despoiled of the rights of Spanish citizens, much 
less be left under the imputation of being obdurate partisans of the fallen dynasty. 
The desired promise not being made, nor the guaranty obtained, fears were entertained 
as to the policy contemplated, and many suspected that Cubans would not be allowed 
the exercise of the rights acknowledged for the rest of the nation ; and not a few 
imagined that in the incipient stage of the revolution a decree might be received from 
the metropolis ordering the sudden abolition of slavery, thereby imperiling the social 
existence of the country. It is proper to add that this last idea was artfully suggested 
by the enemies of free institutions, with a view to preserve the regime of Isabel in these 
distant regions. 

Notwithstanding the efforts made to keep order and peace, the masses were excited, 
and a rising took place far away from the capital, the leaders yet invoking in their war 
cry, "Spain, Cuba, and Freedom!" 

Thus, expectancy, anxious doubts and alarming fears, produced an extraordinary and 
indescribable situation, while the impatient could not be restrained and would chum 
what they feared would be denied ; the over cautious, little pleased with the glorious 
revolution of Spain, were a subject of annoyance to the former, who in them saw a 
powerful obstacle to their aspirations. Addresses were therefore made by one party to 
maintain statu quo, while the other rose in arms, the last resort of the oppressed nations. 
Hence originated the thought of allowing a certain expansion by frank adherence to 
the principles of the provisional government of Madrid. 



THE REVOLUTION IN CUBA. 109 

On Friday, 23d October, Messieurs Rato, Zuleta, Pelligero, Fernandez Bramosio, 
Mestre, and other aldermei), were discussing the subject in an extra official and friendly 
manner in the recess-room of the city council of Havana. It was generally granted 
that meetings of citizens should he authorized hy the government to soothe public 
anxiety, quell disturbances, and discuss the slavery question; a few hours later invita- 
tions were received to a meeting at the Captain General's palace. The gentlemen 
mentioned at the bottom of this memorandum, and others whose nanft>s are not remem- 
bered, appeared on the. 24th October at the palace, and were shown into the private 
apartment of Lersundi, who, in a tone of evident displeasure, said he had no idea the 
meeting was to be so large, but since it was so, they could pass into the parlor, where 
there would be room for all. Once there, he said he had been told that several resi- 
dents desired to address liim ; he bad agreed to hear them, and though not expecting so 
many, the number only added to the honor and pleasure with which he oxrght to hear 
them. 

These remarks were calculated to embarrass the invited party, who had come to hear 
the suggestions of the government rather than to initiate the subject themselves, and 
a profound silence followed. This being noticed by Lersundi, he required Rato, who 
had been one of those proposing the invitation, to state the object of the meeting. 

Senor Rato said that in the grave circumstances the island was going through, 
several persons had wished to express to the Captain General sentiments of adhesion 
and personal respect. Lersundi seemed disposed then to hear others. 

Senor Mestre then spoke. He said that his individuality was of little account, and 
that he should rather be the last than the first to speak, but the remarks of Senor Rato 
forced him to precede gentlemen with better right to take part in the conference ; he 
would speak in perfect frankness, because there are moments when all should be frankly 
told; he had conversed with Senor Rato and others, to the purpose that it Avas expe- 
dient to authorize or tolerate meetings for the discussion of public matters interesting 
to all, and therefore he thought it incumbent on him to make certain explanations; he 
said the serious events happening in Spain had produced excitement and trouble easy 
to understand; the government in power having proclaimed the most advanced politi- 
cal creed, every Spaniard, no matter in what part of the world he found himself, should 
feel he was entitled to the enjoyment of the acknowledged rights of the revolution, 
therefore the inhabitants of Cuba could but believe that they would be extended to this 
province as an integral part of the nation, he would ask what should be done? We 
should doubtless adopt an open and decidedly liberal course in harmony with the 
established and legal regime of the peninsula. He said that the meetings he had 
referred to were expedient as well as to give greater scope to the press in order to 
furnish public sentiment .with safety valves; that when these were closed the expansion 
would burst through clandestine issues, the danger of which it was needless to explain. 
He enjoined to take care that no disunion should ever exist between the property hold- 
ers and the advocates of advanced freedom ; that the latter should never notice disagree- 
ment between these two elements, which would cause great mischief. By the means 
he proposed, a proper expansion of feeling within reasonable bounds would be harm- 
less, and important changes would be accomplished with no danger; he said the most 
liberal policy, should be held as the most conservative. This was the motive for asking 
meetings. He thought it calculated to prevent present as well as future evils. At 
these meetings honest and patriotic men would investigate the serious points now 
pending, would infuse a spirit of unity, and carry to the furthest ends of the province 
hope and a feeling of security in the future, and thereby exercise a salutary influence 
all around. 

Senor Modet* said he adhered to all the remarks of Senor Mestre. He said that as 
a member of the Cortes be had advocated the extension of political rights to the in- 
habitants of Cuba and Porto Rico. In his opinion the country would become quiet if 
the legitimate hope were in any way expressed that this province would be assimilated 
to those of Spain, that the liberties gloriously conquered would be enjoyed here, since 
it was known from reliable accounts that a provisional government existed in Madrid 
accepted by all the provinces, although temporary in its character. He said that by 
such means union, tranquillity, confidence, and order among the inhabitants of Cuba, 
would be established. Should a doubt arise as to the proper course, he proposed the 
home government to be consulted by telegraph. 

The Captain General then suspended the conference, saying he had understood that 
some residents desired to offer him their support, and found on the contrary that they 
had come only to show mistrust, to censure his acts and address him charges to which 
he would briefly refer. It had been insinuated that the revolution had acknowledged 
certain rights to all Spaniards — that persons having constituted a pro visional government 
at Madrid desired to make those rights extensive to this island; that some one was in 

* This gentleman, a native of Spain, and colonel of engineers, was sent to Spain by Lersundi, in conse- 
quence of this speech ; he returned under Dulce, and has now been sent back, frightened away by the 
volunteers. 



110 



THE REVOLUTION IN CUBA. 



the way between the mother country and this province, and that such party was him- 
self. For his part he had received no direct communications from that government, not 
even by telegraph, excepting one from the new minister of the colonies, which had 
been published entire by his order. What else could he do in favor of the island in the 
fulfillment of his duty than overlook his own personal views and sympathies? He 
would obey orders that might arrive from the Madrid government, the government, he 
added, of the Duke de La Torre, the government of General Serrano. He was deter- 
mined to resign his command when the time came, handing over the island in the con- 
dition he had received it. But he would in no way express adhesion, as would be 
intimated by the gentlemen who had spoken, because his loyalty rose as high as the 
throne of God. He said the remarks of Senor Mestre were analogous to those made by 
the insurgents of Yara in arms, whose conduct he seemed to excuse ; he said that such 
had been the commencement of insurrections in the Spanish countries now republics in 
America. He discussed these topics at large, and stating that the government counted 
on means adequate to suppress and punish the rebels and agitators, he remarked that 
the answer he had thought proper to give Messrs. Mestre and Modet being ended, he 
would close the conference, which ought by no means to be held longer. 

Senor Modet asked to be allowed to speak, and was refused. 

The vehemence of gesture, tone of voice, and unexpected severity of Lersundi, nat- 
urally left a most disagreeable impression on all present. They began to retire with 
evident discontent, when Senor Morales Lemus told the captain general how much he 
regretted that his excellency should have interpreted as accusations the suggestions 
made with the best intentions ; the general insisted on the impropriety of the meetings 
asked for, saying it would be more useful if the newspaper, El Pais,* should pointedly 
and energetically condemn the movement of the insurgents, or if two commissioners 
were sent to obtain their surrender. His experience taught him that no convictions were 
ever gained by debating. Sometimes, he added, as it were casually, it is unquestion- 
able that timely severity produced the best results ; the sacrifice of a few lives at a 
proper moment will save from greater and more painful losses. 

Those yet remaining at the palace departed after this effusion, and thus ended a 
scene, initiated under favorable auspices, which might have exercised a beneficial in- 
fluence on the destinies of Cuba. This new page of its history needs no comment. 

NAMES OF THOSE KNOWN TO HAVE BEEN PRESENT. 



Conde Canongo, 

Apolinar Eato, 

Manuel de Armas, 

Conde San Ignacio, 

Jos6 Morales Lemus, 

Julian Zulueta, 

Antonio Fernandez Bramosio, 

Francisco Ibanez. 

Pedro Martin Eivero, 

Eduardo Alonso Colmenares, 

Conde Pozos-Dulces, 

Jose Suarez Argudin, 

Jos6 Manuel Mestre, 

Juan Modet, 

Gonzalo Jorrin, 

Eamon Herrera, 

Marques Aguas-Claras, 

Jos6 Villasante, 

Jose" M. Morales Cerro, 



Nicolas Martinez Valdivieso, 

Domingo Guillermo Arozarena, 

Jose Ruiz de Leon, 

Juan Poey, 

Nicanor Troncoso, 

Miguel Antonio Herrera, 

Hilario Cisneros, 

Juan Ariza, 

Antonio Gonzalez Mendoza, 

Francisco Duran Cuervo, 

Adolfo Muuoz, 

Sabino Ojero, 

Francisco Acosta, 

Jose Pelligero de Lama, 

Enrique Farres, 

Jos6 Antonio Echeverria, 

Pedro Sotolongo, 

Jose Caraza, 

Antonio Mora. 



Affidavit of Emilio F. Cavado. 

[The affidavit of Emilio F. Cavado is omitted at the suggestion of Mr. G. P. Lowrey, 
for satisfactory reasons stated by him.] 

Affidavit of William C. Tinker. 
City and County oe New York, ss : 
William Clarence Tinker, being duly sworn, doth depose and say : 
I am a native of the city of New York, and have lived in Cuba from the year 1852 up 
to April, 1869. I am extensively acquainted with the island of Cuba and the people 
there, both the Spaniards and the native Cubans. I am related by marriage to Spaniards 



: El Pais, organ of the Cubans. 



THE EEVOLUTION IN CUBA. Ill 

holding official positions ; one brother-in-law of mine is colonel of engineers in the 
Spanish army, and another a commander in the navy. I was educated in a military 
school at the city of Lippstadt, in Westphalia, and have, some acquaintance with mili- 
tary affairs. In April last, I was forced to leave the city of Havana, on account of my 
well-known sympathy with the Cuban revolution, my honse having been three times 
violently searched, and myself fired upon in the streets seven times in one evening. 
The circumstances of this outrage to me, personally, are stated in the correspondence of 
the then consul general of the United States, which I suppose is on file in the State 
Department. On the 14th day of May last, I landed at Nuevos Grandes, from the 
steamer Salvador, together with one hundred and fifty men , and from that time until 
the second day of August I was in the island of Cuba, within the district thereof which 
is controlled by the insurgent government. During this time I had frequent and con- 
tinuous meetings with the various officers of the republic, and had ample opportunity 
to see the men under arms, the military disposition of forces, the civil departments of 
government, and all the operations, civil and military, of the government of the republic 
of Cuba. Upon landing, I took eight men and went forward into the country ; I had 
proceeded about twelve miles when I came to the first encampment of Cuban troops, at 
San Martin. There were about eighty men there, under command of a captain ; they 
were armed and uniformed; those men were placed there to act as a posse comitatus, or 
guard to the civil court, which was then in session at that place, the judge, M. C. Juan 
Salvator, being appointed, as I was then informed, and afterwards learned to be true, 
by the supreme court of the republic of Cuba, according to the provisions of the consti- 
tution and the laws enacted by Congress. These men were, upon my representation, 
sent down to the coast to assist in landing the cargo ; and I proceeded on and found 
several encampments of men, about the same size, all uniformed and armed, and in di- 
rect communication one with the other, by couriers. On arriving at Guaimaro, which 
is about thirty-six miles from the coast, I found that the capital had been removed the 
day before, to Berrocal, six miles from Guaimaro. When I arrived, the inhabitants of 
Guimaro were in the streets, singing revolutionary songs, and setting fire to their own 
houses, it having been decided by the republican government to burn the town, as, in 
case it should be taken by the Spaniards, it afforded, an advantageous shelter and stra- 
tegical point for them. I followed on to Berrocal, where I found the President, the Con- 
gress, and the principal officers of the civil and executive government. I found that 
the constitution had been adopted. It had not at that time been printed, and a copy 
was made for me in writing, by order of the President, which copy is hereto annexed, 
marked A. The translation annexed is a true translation. I found there many persons, 
officers of the government, with whom I had been previously acquainted, and I had fa- 
cilities of learning all that had been done. I found the government completely or- 
ganized — the various officers performing the duties and functions belonging to their 
offices. There were the departments of war, of finance, of the interior, and department 
of public instruction. The Congress was then in session ; I attended several of its ses- 
sions ; it was proceeding according to the rules by which deliberative bodies are usually 
governed. It was presided over by a Cuban, who had formerly been a Spanish noble- 
man, but who had yielded his rank, under the constitution. He was a person of large 
wealth; his title was Marquis St. Lucia. The Congress had enacted laws, and while I 
was there I heard debates upon matters relating to laws which were under considera- 
tion, and in my presence several enactments were voted upon and became laws. I re- 
member a question of the distribution and separation of civil and military power being 
discussed in Congress. A general, whose name I have forgotten, had claimed to exer- 
cise certain civil powers, and his right to do so was disputed in the Congress; and I re- 
member, particularly, the speech of one member, M. Meudoza, formerly aa editor of the 
Siglo, in Havana, who maintained that from the very beginning of the government 
in Cuba it was necessary that we should avoid the error of the Spanish government, 
and separate distinctly civil from military power. The discussion was very full ; aud 
finally an act was passed, clearly defining the power of the military and civil officers. 
I was not present, but I know, by common report, that the Cougress had passed, also, 
an act making civil marriages lawful, all' marriages, before, having been necessary to 
be made before a priest. 

While I was there, there was an issue by the government, of paper money. I, myself, 
put the stamp of the government upon the first series of notes, by direction of the 
President and secretary of the treasmy. This money was similar to American money, 
and by it the Cuban republic promised to pay to the bearer certain sums named 
thereon. I afterwards had occasion to use this money, and saw it tised. It was freely 
received by all at par, and change given back in gold or silver, as the case might be. 
The civil administration of justice was going on while I was there, but I did not attend 
any of the sessions of the courts. A man under my command was accused, before the 
civil court, of having stolen some property from a farmhouse, and, upon complaint of 
the owner, a warrant was issued for him, aud certain civil officers, corresponding to 
constables in this country, came to my camp aud demanded the man, exhibiting the 
warrant and a letter from the judge, in which he notified me that one of my men had 



1J2 THE REVOLUTION IN CUBA. 

been accused of an offense against the civil law. I rendered the man up, and he was 
taken to answer the charge. I have still with me the letter of the judge, a correct 
translation of which is annexed, marked B. During the time I was in the island, I 
visited a considerable number of the encampments of the republican army, situated 
betweeu Puerto Principe and Santiago de Cuba. I found, in the district which I visited, 
about twelve thousand men under arms, of which one-half were thoroughly armed 
with Springfield, Enfield, and various other kinds of muskets, and the other half im- 
perfectly armed, but all carrying the machete, which is a long sword. I found that all 
the people in this district were apparently engaged in the revolution, and yielding 
obedience to the republican government. The entire country, with the exception of 
garrison towns, was in the possession, almost undisputed, of the revolutionists. I 
found that the slaves had all been liberated within this district. They were as free as 
any white citizens, to choose what they would do, or where they would go. Large 
numbers of them were in the army, and proved to be very good soldiers. I talked 
with numbers of them. They understood that they were free, and that their freedom 
had been given to them by the republic of Cuba and their former masters, and they 
understood that their freedom had resulted in some way from the emancipation of 
slaves in the United States. They had pictures of Abraham Lincoln, and spoke of him 
familiarly as the emanci/pador, or emancipator. I have seen them fight, under the com- 
mand of white officers and under the command of black officers, and one black man, 
named Cintra, particularly distinguished himself in the action at La Cruz and Aurora. 
These were two battles at which I was present. The forces on the Cuban side at La 
Cruz were about eight hundred. It was fought in July. There were actually engaged 
about three hundred Cubans, against one hundred and fifty Spanish, who were in- 
trenched in a position of their own choosing. The Spanish lost their commander, their 
second in command, and several others killed and wounded. On that clay we lost 
none, having attacked them while they were moving from one part of their intrenched 
position to another. At Aurora there were about five hundred Cubans actually engaged 
against the Spanish, whose number I am unable to judge of, fortified in a stone build- 
ing, with out-houses of stone made into block-houses. I should think there were one 
hundred men. We succeeded in capturing a neighboring encampment, and a large 
quantity of war material and stores, and afterwards destroyed the encampment. I heard 
the day afterward that the Spanish lost about twenty men. Our loss was seven killed 
and twelve wounded. In each of these engagements the Cubans made the attack and 
gained their object. They were conducted under the immediate command of Generals 
Jordan, Marmol, and Gomez. The troops were maneuvered and fought under their 
respective captains, majors, and colonels. 

I was acquainted with General Dicente Garcia, commanding the department of Las 
Tunas, who informed me, (and I believe it to be true,) that he had exchanged a flag of 
truce with the commander of Las Tunas, for the purpose of exchanging Spanish offi- 
cers, captured in a battle fought a few days previously, for Cubans, in possession of the 
Spanish, and for his wife and children, who Avere in the town. He was unable to' nego- 
tiate the exchange, and it did not take place. I was at the battle of Las Calabayas 
and several others. All these military operations were conducted under the supreme 
control of one man, who was the commander-in-chief, and whose name is Manuel Que- 
sada. He had been a military officer in Mexico, fighting against Maximilian, and is a 
Cuban by birth. I found several persons there as officers who had seen military service 
in the army of the United States and in England. In traveling through the country, 
I carried Avith me two passports, which commanded all persons to allow me to pass. 
One was issued by the President, and the other by the commander in-chief. They 
commanded all persons to respect me, and to assist me, and whenever I showed them 
they were universally obeyed. I had frequent occasion to use them. On leaving the 
country, I was only able to get out by means of the passports. At the time I left, the 
revolution was in suceessful operation, and had lost nothing from the time it had begun, 
but had continually gained, and was then gaining both territory and force. It needed 
nothing to be perfectly successful, in my opinion, to the entire exclusion of the Span- 
ish rule from the island, but arms and ammunition. In the interior, I traveled with 
perfect safety, carrying a large amount of money for government use. The people who 
could not be armed were about their ordinary avocation, but were all included in some 
military company or organization, and were ready to be called upon whenever arms 
should arrive. The number in the army was only limited by the amount of arms. I 
found the people exceedingly enthusiastic, apparently everywhere devoted to the 
government of the republic, and I was everywhere entertained hospitably by them, it 
being understood I was in the service of the republic. I conversed freely with all 
classes of persons concerniug the future of the republic of Cuba, and I found that 
almost unanimously they looked to the United States for recognition as soon as it 
could be given, and after that, to annexation. It was their expressed hope, and a part 
of the plan of the revolution, as understood by the people at large. A petition for an- 
nexation was, as I understood, adopted by the Congress and approved by the secretary 
of state, and forwarded to the Department of State at Washington. The people were 



THE REVOLUTION IN CUBA. 113 

depending very largely for the final success of the republican government in Cuba 
upon the friendship and support of the people of the United States, and the wish most 
frequently expressed was, that they should bo permitted to become a part of this 
country. " It was common for officers of the government to wear upon their hats the 
stars aiul stripes on one side, and on the other the Cuban cockade. To my knowledge, 
a very great number of the officers of the government were persons who had been 
educated in the United States, who were well acquainted with their institutions, and 
who had been for years anxiously desiring to bring about this revolution and obtain 
annexation. They were well acquainted with the American form of government, and 
avowed that they had inaugurated this revolution to obtain such a government for 
Cuba. 

Soon after I arrived there the capital was permanently located near Sibanicu, at a 
place to which the government had removed, because they found there ample buildings 
and accommodations for all the departments of government. Sibanicu is the general 
name of the locality. From that place there is direct communication by high roads 
with several parts of the island, and it is on the main road from Puerto Principe to 
Santiago do Cuba, both which places were in the hands of the Spaniards. Sibanicu is 
only forty-eight miles from Puerto Principe, on a good road. The country about it is 
all open and cultivated. There was but a small military force there ; the main forces being 
thrown further out. There are certain lines of defense which had been assumed before 
I arrived, and which were maintained up to the time of my leaving, and which, from 
late reports, I know to be still held. These lines of defense were, from Nuevitas on the 
north to Puerto Principe, a distance of about eighty-five miles, and from Puerto Prin- 
cipe to Santa Cruz on the south. There is also a line of communication which has been 
held uninterruptedly from the beginning, from Puerto Principe to Ciago de Avila. Unin- 
terrupted communication is kept up along the different roads leading to the Five City 
district. That line is about one hundred and eighty miles long from Puerto Principe 
westward. The military encampments were all in communication with each other by 
couriers and a regular system of communications. Postal arrangements had been per- 
fected by the republican government throughout all the region controlled by it, which 
is about two-thirds of the whole island, and I myself sent and received communications 
through this post. There was no difficulty in communicating by post anywhere through 
that part of the island. I left the island on the 2d of August. I have received com- 
munications from the island up to within about ten days ago, and I believe that the 
revolution has been in no way retarded since that time, except from scarcity of powder 
and arms, and that it has continually gained in numbers and territory. There was a 
government printing office, at the capital, and two papers were published there. 

I annex hereto a paper which contains a copy of the constitution and the debates in 
Congress, which is marked Exhibit C. 1 also annex a proclamation (marked Exhibit D) 
abolishing slavery, issued by the government of the republic before the adoption of the 
constitution. I also annex hereto two proclamations (marked Exhibits E and F) issued 
by the President of the republic, to the people. Bulletins of war were issued from time 
to time for the information of the people. There were numerous ports to which the 
Cubans had access at auy time, and in which they received such supplies as had suc- 
ceeded in getting away from the United States, Jamaica, and other places ; but they 
made no efforts to hold those ports, because they had not the means of resisting the 
artillery of ships, and it was their policy to go from port to port, so as not to attract the 
attention of Spanish cruisers. They relied upon the signals of their cordons of sentinels 
to inform them when it was necessary to concentrate upon any one point for the purpose 
of receiving arms or ammunition. I am not aware of any function or power ordinarily 
exercised by a government for which provision was not made, or which was not exer- 
cised, within the district controlled by the republican government, so far as there was 
any call or occasion for such exercise. The republican government had all the para- 
phernalia, accompaniments, and incidents of a regularly organized government. The 
President executed the laws simply, and did not interfere in military matters. The 
commander-in-chief had entire control of the armies, and did not in any way interfere 
with the civil administration. The general division of powers and duties was very 
similar to (and coined after ) that in the government of the United States, and was 
strictly observed so far as was compatible with a state of war. A stranger coming into 
the district lying south of a line drawn from Neuvitas to Puerto Principe and Santa 
Cruz, excepting within the walls of four or live garrisoned towns, would have, in my opin- 
ion, no reason to suppose that any other government prevailed or had ever prevailed 
there than the government of the republic of Cuba. The people were engaged about their 
ordinary avocations, and no government was spoken of or admitted except the government 
of the republic of Cuba, and no laws were or could be. enforced there, unless by the aid of 
overwhelming military force, except those of the republic;. The part of the country of 
which I have spoken is principally devoted to grazing, but is in a very considerable 
degree cultivated, only about one sixth of it being wild land ; and throughout that 
district every right of private persons was provided for and protected solely by the 
laws and power of the republic. There were certain special enactments intended to do 

S. Ex. Doc. 7 8 



114 THE REVOLUTION IN CUBA. 

away with, abuses of power which had been common on the part of the Spanish soldiery 
before the revolution. These special enactments of which I speak instructed the people 
as to their rights, and advised them, in case of any infringement of those rights by the 
military, to apply immediately to the nearest court. These enactments were posted 
in different places for the information of the people, and particularly in the court- 
rooms. 

I know that the Cuban republic has also issued letters of marque and reprisal, and 
commissions for the Cuban navy. I have seen several of such commissions, and I know 
also that the officers in command in Cuba were acting under commissions issued by 
the war department. I saw several of their commissions, and the officers exercised, 
command and control according to the rank mentioned in their commissions. Bank 
was acknowledged according to established military usage. To my knowledge, the 
republic of Cuba, has purchased a number of vessels, with the view of constituting a 
navy. 

WILLIAM C. TINKER 

Sworn and subscribed before me this eleventh day of December, 1869. 

CHARLES HARRIS PHELPS. 
Notary Public, County of New York. 



Affidavit of Francis Coppinger. 

State of New York, City and County of New YorJc, ss : 

Francis Coppinger, being duly sworn, says : I am a native of Cuba, born at Havana, 
and have lived there all my life, until about the beginning of this year, when I came to 
New York, by order of the "President of the republic of Cuba. I reside at present at the 
St. George hotel, corner of 20th street and Broadway, New York. 

In May last I returned to Cuba, and engaged in the military service of the Cuban 
government. I was at first in active service, in command of a company, with the rank 
of lieutenant ; and,- as such, between May and August, took part in several battles and 
skirmishes ; of the former the three most important were those at Ramon, Cuaba, and 
Calabazas, in each of which the Cuban force engaged numbered from five hundred to 
seven hundred men. I was afterward attached to the staff of General Peralta, with 
the rank of captain. Each state of the Cuban territory had been divided into military 
districts, each under command of a general, and General Peralta was such general in 
command of the military district of Holquin, in the State of Oriente. 

It was the duty of the staff officers to carry on communication between their general 
and the next superior military authority, and I was thus engaged, while on staff duty, 
in carrying despatches and instructions between General Peralta and General Jordan, 
who was, at that time, in command of the whole State of Oriente. The organization of 
the Cuban army, and all departments of the military service were, at the time to which 
I refer, similar in all the States to that in Oriente. 

While I was in the island, I traveled from Holquin to Las Tunas, through the centre 
of the island, a distance of about one hundred and fifty miles. In all this territory I 
found the civil department of the revolutionary government, the State governments, 
the prefectures, the constabulary or civil police, the postal service, and all the ordinary 
civil administration fully organized, and in regular and systematic operation. The mili- 
tary occupation of the country was complete, and all the separate camps and bodies of 
soldiers of the Cuban army, however separated from each other, where all parts of one 
military system, and all under commands, subordinate, in different grades, to the com- 
mander-in-chief, who received his authority immediately from the Congress. 

I would like to add, that when I was in the island the former slaves were all free, 
having been made so by virtue of that clause of the Cuban constitution which secures 
freedom to all inhabitants of the State. The negroes were enrolled in the Cuban army, 
and were armed, equipped, and uniformed, like the Cubans, and held in equal respect 
in the service. There were, in my company of sixty men, several negroes, who had 
been slaves up to the time of their emancipation by the Cuban government. 

As to the celebration of marriages in that part of the island which was controlled by 
the revolutionary party, it came under my notice that marriage was no longer regarded 
by the Cubans as a sacrament nor was the ceremony performed, as it had always been 
under the Spanish dominion, by the priesthood exclusively ; but by virtue of the consti- 
tution, it was regarded as a civil contract, and the rite was performed by civil officers. 
I attended, myself, the celebration of such a marriage according to the new Cuban 
laws. 

Deponent further says, that he has heard read the depositions of William C. Tinker 
and Enrique Loynaz, and. that the statements contained in them respectively, as to the 
civil and military affairs of the Cuban government, and their administration, coincide 



THE REVOLUTION IN CUBA. 115 

with deponent's own experience and knowledge on those subjects, and that the state- 
ments made by said Tinker and Loynaz in regard to them are true. 

F. COPPINGER. 

Sworn and subscribed before me this eleventh day of December, 1869. 

ARCHIBALD P. CUSHMAN. 
Notary Public in and for City and County of Neiv York. 



Affidavit of Enrique Loinaz. 

City and County of New York, ss: 

Enrique Loinaz, beiug duly sworn, says: 

I am a native of Puerto Principe, in the island of Cuba. I joined the revolution in 
Cuba on the 25th of December, 1863. I left the island of Cuba on tin-, 8th of Septem- 
ber last, and am now remaining here under orders from the President. For some time 
I commanded a company of volunteers in the republican army, and afterwards was 
promoted to the staff of Manuel Qaesada, and held, and now hold, the rank of major. 
I have participated in about twelve actions of considerable importance, besides many 
skirmishes. The largest number of men which I have ever known to be engaged on 
the Cuban side was at the battle of Las Tunas, at which I was present, and which took 
place at the town of Las Tunas, about the 16th or 17th of August last — I do not remem- 
ber which. In that battle there were four brigades, of one hundred and seventy-five 
men each, engaged, besides thirty, the escort of the general-in-chief, and forty men of 
the President's escort. The President was present at the battle. Tiie Cubans attacked 
the Spanish forces, consisting of about six hundred line troops and two hundred vol n nteers, 
who were intrenched in the center of the town, in the plaza. The combat lasted from 
four o'clock in the morning until three o'clock in. the afternoon. The Cubans drove 
the Spaniards into their intrenchments in the church, a bnilding in the square, and held 
them there, sacking the town and capturing the medicines, clothing, some guns, mili- 
tary stores, and other things. The attack was made for the purpose of rescuing families 
of Cubans that were perishing in the town, and these families being removed, the Cu- 
bans retired. We captured fourteen standards or battle flags. Our loss was forty 
dead and eighty-five wounded. I do not know the Spanish loss, but it was reported by 
a captain, whom we captured, to be. about two hundred. This battle, and all the others 
in which I have participated, were conducted under military orders and under the con- 
trol and management of officers of different rank, each yielding obedience to the other, 
and the troops engaged wore disciplined troops, who had been trained and accustomed 
to military movements, ami who were held, in all their operations, in strict military 
discipline. They are never permitted to engage, and have never engaged, in any fight- 
ing except under military orders, discipline, and subject to the plans of the commander- 
in-chief. . At the time I left, the government of the republic held exclusive control of 
all of the island of Cuba lying south of a line drawn from Neuvitas, on the Atlantic 
coast, to Puerto Principe, and thence to Santa Cruz, on the Caribean Sea, except a few 
garrison towns and encampments along the railroad established from Nuevitasto Puerto 
Principe. All the rest of the country, which is mostly an open, cultivated, inhabited 
country, was exclusively occupied or controlled by the republican government, and no 
Spanish laws were, or could be, enforced, except by the presence of overwhelming mili- 
tary force. The laws of the republic were voluntarily obeyed by the people, or exe- 
cuted by simple civil force, such as by constables or prefects. Throughout this district 
complete postal arrangements were established by the republic, and regular service of 
mails kept up by its officers. Post offices were established at villages and farm houses 
on the public high roads. The Spaniards were under great difficulties to hold their po- 
sition in the garrison towns, and we were constantly occupied in attacking their con- 
voys, and many combats ensued in this way, and we were able to capture, and did 
capture, frequently, their convoys and appropriate their material of war. This was 
particularly the case as to the town of Las Tunas. The town of Las Tunas was an im- 
portant station for them, was situated about thirty-six miles from the north coast, arid 
connected by three high roads with three forts, only about thirty-six miles distant. I 
have often heard it estimated, and believe it to be true, that since the breaking out of 
the revolution the Spaniards have, lost over two thousand men in maintaining this 
communication, and have frequently lost their convoys. These circumstances have 
come to my knowledge in the performance of my duties as staff officer. The Spaniards 
have never been able to penetrate the surrounding country from these towns more 
than two or three miles. They have never made the attempt, except in one or two 
cases, when they have been driven back. The people in the country are all loyal to 
the republic, and immediately give information of any movement among the Spanish 
troops. The negroes in that district have all been freed. They understand that they 



116 THE REVOLUTION IN CUBA. 

are free, and it is so understood by all persons, and they are given by the constitution 
and the laws all the rights and privileges of citizenship that are given to white per- 
sons. Even in addressing them, the former owners of slaves address them by their 
names, as citizen so-and-so. 

At the time I left Cuba the revolution had been constantly gaining, and had never 
lost anything, either in force or in territory. The army was increasing in numbers as 
fast as they could be supplied, and persons, who, at the beginning, had been wavering 
and doubtful, were giving their adhesion to the government of the republic. I have 
not seen or heard anything since leaving there to induce me to suppose that the revo- 
lution is in any less forward condition than when I left, but on the contrary, I believe 
that it is able to hold its own for a long time without any more succor, and that, with 
a few more arms and with sufficient ammunition, the Spanish authorities could be 
entirely driven from the island by the forces nowhere. We need nothing from outsido 
the island except arms and munitions. I know from my experience that the Cubans, 
almost Avithout exception, are for the republic. On the other hand, native Spaniards 
on the island are almost without exception against the republic. The lines of defense 
Avhich were held, and, according to my information, are still held by the republican 
forces, were taken up by them about February last, and have been maintained uninter- 
ruptedly ever since. I have read the affidavit of Mr. William C. Tinker, who is known 
to me, and who was with me in Cuba. The facts stated by him concerning the condi- 
tion of the country, tho action of the government, the administration of the law, and 
the amount of forces, are true, within my own knowledge. In the entire island there 
are over thirty thousand men in the republican army. In the central department, with 
which I had more immediate connection, there were over ten thousand, organized and 
under discipline. Of these, three thousand Avere armed with all sorts of guns, carbines, 
muskets, and rifles ; the others were all armed with the machete, a long sword, and 
frequently went into action with only this weapon. Of the iire-arms in that depart- 
ment, about one-third had been captured from the Spaniards. There are about eighty 
thousand men remaining, ready to take arms as soon as arms can be procured. I was 
commanding the siege of Nuevitas, in January last. During that siege, I received and 
entertained a flag of truce from the Spaniards, and twice after that, having occasion, 
I sent flags of truce to them, which were received and entertained. The communica- 
tion sent by me was from General Quesada to the governor of Nuevitas, and the com- 
munication was replied to by him. The flag of truce which they sent to me accompa- 
nied three commissioners, who were appointed by the Spanish authorities, to communi- 
cate with the Cuban committee, which, at that time, had charge of the Cuban affairs, 
that being before the election of Congress. These commissioners were given a safe-con- 
duct, and passed on through our lines to communicate with our committee. One of tho 
communications under flag of truce by General Quesada, sent by me, related to an ex- 
change of prisoners, which exchange was finally refused by the Spaniards. By procla- 
mation of the Captain General, issued in January last, six large ports, which were 
formerly ports of entry, have been closed to commerce, and all intercourse with those 
ports forbidden. -. The civil government has made arrangements, which are now in 
operation, by which the local constabulary and prefects of each county are charged 
with the distribution of rations to the families of persons Avho are in the field and the 
persons Avho are discharged and unable to support themselA r es. This distribution of 
rations takes place extensively and constantly, and is sufficient for the Avants of the 
people. The inhabitants are perfectly united in support of the revolution, and seem 
Avilling to devote, and have devoted, their entire time and property to its success, with- 
out any complaint or objection, and, in my opinion, it Avould be impossible to find a 
population more united and determined than is this population in its determination to 
throw off Spanish tyranny. The commander-in-chief has been named by Congress, 
and is under the same control by the President, as are generals of armies of the United 
States. The troops are all organized into companies, battalions, and brigades, and are 
not permitted to go upon any roving expeditious, or to separate themselves in any Avay 
from their commands ; and property captured by them is always turned over to tho 
commander of the district, for the republic. 

ENRIQUE LOINAZ. 

Subscribed and sworn to before me this 11th day of December, 1889. 

CHARLES HARRIS PHELPS, 

Notary Public, County of New York. 



Affidavit of Francis Xavier Cisneros. 

City and County of New York, ss : 

Francis Xavier Cisneros, being duly sworn, says : 

I am a natiA r e of Cuba, having been born at Santiago de Cuba, and for the greater 
part of the last fifteen years, and until recently, have been a resident of Havana. I 



THE REVOLUTION IN CUBA. 117 

was by profession a civil engineer in that city. I am living for the present in the city 
of Now York, at No. 254 West Twenty-fourth street. In May, of this year, I left New 
York for Cuba, and arrived there about the eleventh day of that month. Upon my 
arrival I communicated with the republican general, in command of the district, Gen- 
eral Peralta, and then with the commander-in-chief, General Quosada, and then went 
to the seat of government, at Sibanicu, and communicated there with the secretaries of # 
the Cuban government, whom I found in the active administration of the business of 
their several departments. From that time up to the first of August, I was constantly 
traveling in the island, and especially traversed that part of it which lies between 
Santo Espiritu, about the central portion of the island, and Santiago de Cuba:, near 
the eastern extremity, a distance of about three hundred and fifty miles. I made this 
journey at the instance of the government of Cuba, for the purpose of inspecting tho 
condition of affairs under the government, and the progress of the revolution. This I 
was instructed to do, in order to make a report of my observations to the Cuban Junta, 
at New York. This district to which I have referred is only a portion of the territory 
which is occupied and controlled by the revolutionists, and which is more than two- 
thirds of the area of the island. This republican territory is bounded by lines extend- 
ing from Santiago de Cuba, on the Caribbean Sea, near the eastern part of the island, 
to Baracoa, on the Atlantic Ocean ; from Baracoa to Sagua la Grande, along the north- 
ern coast ; thence across the island to the Bay of Broa, on tho Caribbean Sea ; and 
thence along the southern coast to Santiago de Cuba. The total extent of the island 
is about thirty-six thousand square miles, of which tho republican territory, just de- 
scribed, embraces about twenty-four thousand square miles. This territory includes 
some wild tracts, but for the most part is open, cultivated country. It embraces some 
of the considerable cities of the island — say nine or ten — which were then in the pos- 
session of the Spaniards; but a larger number — say twenty or thirty — of the consid- 
erable towns, with numerous smaller villages and all the open country to which I have 
referred, were occupied and controlled by the republicans. The occupation of these 
large towns by the Spaniards compelled them to withdraw large bodies from their 
fighting force for garrison duty. This district, also extending to the sea, on both the 
northern and southern sides of the island, embraces many ports to which the Cubans 
had free access ; bnt having as yet no means of fortifying those places, they bad made 
no attempt to hold exclusive possession of them. Within this district, between May 
and August, I visited almost all the military encampments of the revolutionists, about 
thirty in number. At some of tho camps there were as many as two thousand men, 
and at none less than two hundred and fifty. To the best of my judgment and belief, 
there were in all those camps, in May, about fifteen thousand well armed soldiers ; and 
in August, when I left the island, there were, I should think, about twenty thousand. 
The Cuban forces were encamped around most of tho principal towns occupied by the 
Spaniards, and prevented communication by tho Spaniards between those towns. 
Besides the force of regular soldiers in camps, the entire male population throughout 
the district I have described was organized as a volunteer military force, but, being 
without arms, could not be brought into actual military service. 

The Cuban republic was divided into four states, and each of those states was sub- 
divided into districts, each district being placed under the command of a general, 
appointed by the government. Each of these generals had control of all the forces in 
his district, subject to the commander-in-chief; so that all the forces of the revolu- 
tionists were under the supreme command of General Quesada, the general-in-chief 
who was appointed by the Cuban Congress. 

During my stay in the island there were frequent conflicts between the Cuban and 
the Spanish forces, in many of which 1 participated ; in tho most important of those 
in which I took part, which took place on the 18th of Juue, at Calabazas, the Cuban 
forces numbered about seven hundred. The Spaniards had attacked, but were 
repelled, and retreated. A few days before, a fight had taken place, in which, as I was 
then informed, and believe, the Cubans numbered fifteen hundred. Many other combats 
took place with various results. Tho condition of the country was one of constant 
fighting between considerable forces, and, on tho part of the Cubans, all of the battles 
were conducted under the control of the commander-in-chief. 

At the time of my visit to the island, the Cuban revolutionary party had already 
adopted a constitution embodying a republican form of government, guaranteeing tha 
liberty of the press, of religion, and education, and abolishing slavery ; it bad also a 
completely organized government, represented by a President and Congress, and sec- 
retaries of state, war, treasury and interior, and other officers and bodies. The 
Congress was composed of eighteen delegates, elected by the people from all parts of 
the island ; it was, at the time to which I refer, in session, and I attended many of its 
meetings. The elections for governors of the states took place during my stay on the 
island, and were participated in by all the inhabitants of the district described by mo, 
except of the towns garrisoned by the Spaniards. 

The capital of the republican government was at Sibaniero, a town situated in tha 



118 THE REVOLUTION IN CUBA. 

interior, in an open plain, on the great central highway of the island, and approached 
by good roads from all directions. 

The island had then also been divided by the Congress into fonr states, namely, 
Oriente, Camaguey, Las Villas, Occidente ; governors of each of these states had been 
elected by their inhabitants, and they had assumed and were administering their 
offices. The government had also established and maintained regular postal service 
throughout all its territory ; had created courts and appointed judges and sheriifs or 
prefects ; the local judges had opened and were holding their courts ; the suprema 
court of the state was not yet convened ; the court administered laws which had been 
enacted by the Cuban Congress, and which were universally recognized and enforced 
throughout the territory of the Cuban government which I have described. 

F. J. CISNEEOS. 

Sworn and subscribed before me this 11th day of December, 1869. 

CHAELES HARRIS PHELPS, 

Notary Public, County of New York. 



LBFe '10 



